Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment by Court suo motu ex parte at the stage of consideration of an application to grant ad-interim injunction - While appointing Local Commissioner no palpable reason given by Court as to why Advocate Commission is required to be appointed ex parte, suo motu dispensing notice to other side -..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - - Advocate Commissioner clearly found that there are other vacant shop rooms available in locality - Tenant fail to prove that he is eking his livelihood from income generated from his business - Even, tenant fail to produce any document to substantiate..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii) -- Rent and eviction - Reconstruction of shops room - Value of shop rooms considerably diminished affecting its utility - Even, Advocate Commissioner found that pillars are standing without any roof - Advocate Commissioner has categorically reported that value of shop rooms have been considerably..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Local Commissioner - Application filed at the stage of decision of application U.O.39.Rr.1, 2 CPC - Once as per defendants own assertion material already available on record indicates sufficient support for defendants in relation to case already set up by them, prayer made for appointment of local commissioner..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Both the parties claiming right over suit property - Moreover there is claim and counter claim of construction on the spot - Appointment of Tehsildar as Local Commissioner to visit spot and demarcate property after notice to parties and submit his report regarding..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 34, 108 -- Public Trust - Alienation of property - Civil suit seeking permission of religious trust property is not maintainable in view of S.108 of the Act, as Commissioner is appropriate authority to approve proposed sale of land by respondent...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material alteration - Landlord examined advocate who was appointed as a Local Commissioner - He proved his report and stated that he visited spot after issuing notice to both parties and proved site plan - Courts below rightly recorded the finding that petitioner had carried out material..........
Employee's Compensation Act, 1923, Section 4A -- Compensation - Obligation to pay compensation arises on date of accident - Where an employer disputes quantum of compensation payable, it is enjoined to make provisional payment to Commissioner or employee pending settlement of claim - This is in order to ensure that an employer doesn't escape its obligation to make good..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For a limited purpose of noting down physical features of plaint schedule property, allowed by trial Court - No prejudice is caused to plaintiff by appointing advocate Commissioner - Application rightly allowed...........
