Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Summoning of Court Commissioner along with his instruments to make actual demonstration about the procedure followed by him in conducting the survey - Provision does not permit any of the parties for such demonstration - If any of the party is not satisfied with the survey report submitted by the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Commissioner for the second time for site inspection - If site Commissioner was not able to have full access for considering entire location of property, it cannot be inferred that successive Commissioner cannot be appointed...........
Criminal Procedure Code, 1973, Section 178 -- Territorial jurisdiction - Offence committed in more local areas - One such areas being at place `C' as such Court at place `C' has jurisdiction to proceed with the criminal case instituted therein...........
Criminal Procedure Code, 1973, Section 178 -- Territorial jurisdiction - Continuing offence - Where offence is a continuing one and continues to be committed in more than one local areas and takes place in different local areas, Court having jurisdiction over any of such areas is competent to inquire into and try the offence as per S.178 Cr.P.C...........
Criminal Procedure Code, 1973, Section 179 -- Territorial jurisdiction - S.179 Cr.P.C makes it clear that if anything happened as a consequence of offence, same may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Appointment of Local Commissioner sought to visit the spot and report actual position of street - Onus lies on plaintiff to establish her case through evidence - Plaintiff cannot be allowed to create evidence through appointment of Local Commissioner - Application rightly..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Local Commissioner - Injunction suit - There is no absolute bar for appointment of Advocate Commissioner in a suit for injunction simpliciter either in the course of trial or during enquiry in a temporary injunction petition as per provisions of S.75 or O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Local Commissioner - Injunction suit - During pendency of enquiry in an application U.O.39.Rr.1,2 CPC, Court appointed Local Commissioner with a purpose to assist Court in elucidating the matter in dispute with a direction not to mention as to who is in possession over which..........
Criminal Procedure Code, 1973, Section 439, 445 -- Bail - Cash deposit in lieu of surety - Applicant a foreign national has not been able to obtain surety and she does not know anyone in this country, who can discharge obligation of surety - It would be negation of principle of rule of law and violative of constitutional mandate and principles of human rights in case..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision against - Order refusing to appoint local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit and hence not a revisable order - Revision petition dismissed...........
