Civil Procedure Code, 1908, Order 26, Rule 9, 10(2) -- Appointment of local commissioner - Provision of O.26.Rr.9, 10(2) CPC, are in respect of local investigations and are not in the context of expert opinion by handwriting and fingerprint expert...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(2) -- Appointment of local commissioner - When the expert is appointed as commissioner by Court in a civil case at the instance of one of party, Court may issue commission to such expert for the purpose of elucidating the matter in issue, by directing him to make such investigation and to report thereon - Report of such a..........
Civil Procedure Code, 1908, Order 1, Rule 10, Rights in Land and Pattadar Passbooks Act, 1971, Section 4, 9, Registration Act, 1908, Section 22 -- Impleadment of a party - Refusal to register document - Complaint against action of registration department in not entertaining a document for registration - District Collector and the jurisdictional Tahsildar or the department..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(3) -- Second Commission - Cannot be appointed without formally recording objections to the first Commissioner's report and without superseding the same - Reason for superseding first Commissioner's report also must be given in writing...........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - "Footage in Video Conferencing becomes part of the record" is incorrect - Discussions relayed through Video Conferencing in course of..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Video Conferencing cannot be excluded from any stage of proceeding before Family Court - Whether it should be adopted in a particular case must..........
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
