Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Physical disability - Medical opinion given by Commissioner assessed 78% physical disability of appellant which not being challenged by Insurance Company nor being doubted by Tribunal itself - However, High Court has treated the physical disability of appellant at 61.94%, which was initial assessment made..........
Service -- Recruitment - Punjab Public Service Commission - Reservation for ex-servicemen - Respondent No.4 is eligible to claim benefit under the category of `ex-servicemen' as defined in the Punjab Rules - However, appellant and respondent No.4 are competing for the same post under this category and there is no dispute that appellant was eligible under `ex-servicemen'..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed for determining physical features of property but not for verifying and gathering evidence as to who is in possession of property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Inspection by Court or through Court appointed commissioner is resorted to only in those cases where on the evidence led by parties, Court is not able to arrive at a just conclusion or where Court feels that there is some ambiguity in evidence which needs to be clarified by making local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To visit the spot for measurement of property - Suit for possession - Mere measurement of property cannot be criteria for identification of property - Whether defendants are in possession of plot No.20 or plot no.17 is a matter which has to be decided during course of trial on the basis of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Merely because defendants seek for appointment of advocate commissioner, same per se does not mean that report would be in favour of defendants - Advocate commissioner is appointed for gathering the truth - If the structures as pleaded by defendants are in existence and Advocate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For collection of evidence, Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Re-issue of Commissioner warrant - Advocate Commissioner was appointed on an application U.O.26.R.9 CPC and he has filed his report along with plan - He was not able to collect plan from revenue officials - Re-issue of Commissioner warrant would arise only if re-course is taken U.O.26.R.10 CPC - Considering issue involved in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate Commissioner - For determining the physical features of property, an Advocate Commissioner can be appointed but not for verifying and gathering evidence as to who is in possession of property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Knowing Pleader Commissioner - When there is dispute over boundary and possession over suit land, Court could not order for appointment of Survey Knowing Pleader Commissioner, as Commissioner could not be appointed to collect evidence on behalf of parties - Application rightly rejected...........
