Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 62, 47 -- Dismissal of appellant during her insanity - Violative of S.47(1) of the Act - Commissioner declaring dismissal as void - No infirmity - Held, interference by High Court, not proper...........
Civil Procedure Code, 1908, Section 47 -- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........
Punjab Land Revenue Act, 1887, Section 13, 16, 34 -- Mutation proceedings - Transfer of case - Validity - Held, justice should not only be done but it should also appear to have been done - No litigating party should be forced to go home with a grouse that he/she did not get fair trial or due opportunity to plead the case - In present case, when respondent No.7 raised an..........
Civil Procedure Code, 1908, Order 26, Rule 10(2), (3) -- Report of Commissioner - Objections thereto - When can be raised? - Held, there is no specific provision provided under CPC for filing or inviting objections to report of local Commissioner - Court enjoins certain discretion either to examine objection, the moment, it is raised or can permit parties to examine..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Commissioner - Evidentiary value - Held, Commissioner's report is only an evidence in a case - Report cannot be a sole basis and foundation of final decision - It does not bind Court so as to treat it conclusive - It is like any other evidence in suit and does not take away power of Court to arrive at different..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - In a suit for bare injunction, Court should discourage filing of an application for appointment of Local Commissioner as the scope of such a suit is very limited...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Revision against - Maintainability - Held, report of Local Commissioner does not finally decide rights of parties - It is for Court, while passing final decree, to decide whether report has to be accepted or not - Revision not maintainable...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Report of finger print expert and photographs of signatures - Held, merely because report of Fingerprint Expert was doubted by Financial Commissioner in proceedings with regard to sanction of mutation is no ground to deny prayer made by plaintiffs for bringing same on record in present proceedings i.e. suit for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Dispute with regard to 6 feet wide pathway - Illegal construction in the nature of wall alleged to be made by defendant in the said pathway - The question whether defendant has a right over a six feet wide passage or whether the wall constructed thereon is valid and whether..........
Civil Procedure Code, 1908, Order 26, Rule 1, Land Acquisition Act, 1894, Section 23 -- Market Value - Comparable sale instances - Determination - Appointment of commissioner - Held, it was necessary for the claimant to establish that the lands involved in earlier reference cases are comparable with the land involved in the present case - Without the relevant materials..........
