Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner reverted - Order stayed by Court - A first information report was lodged against the petitioner complaining that the petitioner had been reverted to the post of Assistant in the office of Deputy Commissioner Ferozepur - Order reverting him was conveyed to him on 14.03.1988 - Despite that he..........
Land Acquisition Act, 1894, Section 4 -- Leaving from array of acquisition constructed portion with proportionate vacant area-Even though there may not be any Policy of State Government so as not to acquire constructed portion and leave equivalent space, yet in hundreds of writ petitions it has been admitted-There may not exist a ground to direct Authorities so as not to..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Second commissioner - For the same purpose without rejecting the report of the first commissioner and without recording reasons for so rejecting - Not legal - Two separate commissions should not be issued to deal with same subject and reports of both the Commissioners shall not be treated as evidence in the case - If a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction in violation of rules and by-laws causing damage and danger to the adjoining building - Suit for injunction restraining the Society from raising any further construction and to demolish the construction illegaly raised - Report of Local Commissioner that any further construction can..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Determination of share in joint land and for possession of determined share-Partition allowed by Revenue Officer-Possession not delivered after expiry of three years from date of issuance of instrument of partition in view of Section 122 Punjab Land Revenue Act-Suit for separate possession decreed by trial Court..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointed to see the condition of site in question - Local Commissioner was not called upon to determine the possession of the parties - Exceeded his jurisdiction - The sanctity of the report of the local commissioner has been lost and it cannot be read for the purpose of dis-advantage for the defendant...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court appointing Commissioner - Concurrent finding of fact reversed on the basis of the report of the Commissioner- Held, not justified...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Possession - Question is to be determined by the Court - Such a question cannot be left on the Local Commissioner - Question determined on the basis of report of Local Commissioner not proper - Reliance cannot be placed on the report of Local Commissioner for that purpose...........
Civil Procedure Code, 1908, Order 26, Rule 9, 18 -- Local Commissioner - Appointed exparte - Rule 18 not complied with - Commissioner not examined - Much reliance cannot be placed on Commissioner's report...........
Civil Procedure Code, 1908, Order 26, Rule 10, Evidence Act, 1872, Section 35 -- Commissioner's report - Not a `Public record' - Commissioner is not person performing public duty enjoined by law - Report is admissible in evidence only in particular suit in which it was made - Inadmissible as evidence in other legal proceedings or suits between same parties unless..........
