Civil Procedure Code, 1908, Order 26, Rule 9, Evidence Act, 1872, Section 3 -- Local Commissioner's report - Evidentiary value - Local Commissioner appointed for demarcation - Permanent points fixed and demarcation carried out in accordance with `Musabi' supplied by Court - Report of Local Commissioner cannot be set aside merely for the reason that he consulted another..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(ii)(v), Civil Procedure Code, 1908, Order 26, Rule 10 -- Cease to occupy - Local Commissioner found shop locked - Report of Commissioner cannot be used for the purpose other than the physical examination whether the shop was closed or not - It would be too difficult to make an inference of whether the tenant had..........
Plot allotment -- Non delivery of possession as the complainant did not come forward to take possession - Plea of the complainant that there is lack of basic amenities - Report of Local Commissioner appointed by State Commission clearly states that there is a road having access to the plot of the complainant, drinking water, sewerage and street lights had been provided -..........
Consumer Protection Act, 1986, Section 2(1)(g) , 21(b) -- House construction - Local Commissioner - Report of - Local Commission consisting of Professor and Head of Department Civil Engineer and Assistant Professor of NIT - The report prepared in the presence of the complainant and the respondents and also the advocate for respondent 1, the Contractor - Held that its..........
Civil Procedure Code, 1908, Order 26, Rule 10-A, Evidence Act, 1872, Section 45, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Local Commissioner - Second visit - Local Commissioner appointed who submitted his report - As there was subsequent deterioration of premises Local Commissioner again allowed to reinspect the premises for filing..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Application to set aside - Dismissed - Writ against - Held, petitioner is at liberty to cross examine the Commissioner and to prove that the report is either not correct or cannot be relied on - Petitioner is also at liberty to adduce evidence in support of the objections to Local Commissioners..........
Plot allotment -- Interest - Charging of - The State Commission on the basis of Local Commissioner's report has returned the finding of sewerage, water, electricity facilities and Kachcha road being available at the site - Complaint praying for non charging of interest of Rs. 85,000/ - rightly dismissed by the Fora below...........
Evidence Act, 1872, Section 115 -- Estoppel - Illegal and unauthorised possession - Suit for possession - Dispute regarding demarcation and identity of suit land - Dismissed by trial Court - Decreed by Appellate Court on the report of Local Commissioner - Issue `Whether the plaintiff is estopped by his own act and conduct from filing the suit' - Decided in favour of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Not examined as a witness - No allegation or evidence that Local Commissioner is friendly or inimical to any of the parties - Local Commissioner is representative of the Court, as such, his report cannot be disbelieved merely on guess work or surmises...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ceased to occupy - Report of Local Commissioner that shop is used as godown - Local Commissioner not examined as a witness - No allegation or evidence that Local Commissioner was friendly with the landlord or that he was inimical towards the tenant - Local Commissioner was representative of the..........
