Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Inspection of suit property - Plaintiff asserted that suit property was constructed property, while defendant's case was that it was vacant land - In such circumstances, trial Court while appointing Commissioner directed that only report as to constructions or absence thereof..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Murder and robbery - Mother of petitioner aged 70 years got strangulated and murdered during wee hours in course of robbery - Initially, local police conducted investigation which did not yield any result even though years elapsed - Even, subsequently investigation was handed over to crime..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner - There is no provision for filing objections to Local Commissioner's report...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - It is evidence in suit by forming part of record - With permission of Court any of parties can examine Commissioner personally in open Court pertaining to report and its investigation - Inspection by Local Commissioner was made in presence of parties - Said report therefore ordinarily to be..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner did not take measurements by taking permanent point of one stone to other stone for purpose of determination of encroachment - It was just an eye wash to conduct demarcation in compliance of order of Court - Nothing prevented plaintiff to summon Kanungo for proving contents..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Appointment made to ascertain whether defendants have encroached upon suit property and raised a wall and installed a gate during pendency of suit - Order as to appointments of commissioner calls for no interference...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner to demarcate suit property - Sought by defendant when case was fixed for evidence of plaintiff - Application is pre mature - Defendant is at liberty to file application for appointment of Local Commissioner at the stage of his evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is obligatory on the part of Court to arrive at an opinion that a local investigation is requisite or proper for purpose of elucidating any matter in dispute - When this expression is occurring Court below is not right in just writing that no prejudice would be caused to opposite party..........
Civil Procedure Code, 1908, Section 92 -- Suit against public charitable trust - Leave to institute - Competency to seek leave - Misdemeanors including embezzlement of funds of trust is proved on record - Being local residents and beneficiaries of hospital run by trust, plaintiffs have prima facie shown that they are person having an interest in trust - It cannot be said..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Leave to sue - Before grant of leave, ex parte interim injunction granted and Local Commissioner appointed - Enquiry in the suit can only be taken up after leave is granted - Order granting ex parte injunction and appointment of advocate commissioner set aside being erroneously passed before grant of..........
