Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objection as to legality and validity of Commissioner's report, if not redressed by trial Court, same can be raised in appeal - Even if objections raised to the report of Local Commissioner are rejected, aggrieved party can still agitate the legality and validity thereof at the time of final..........
Succession Act, 1925, Section 276 -- Probate - Will - Suppression of material facts - Application filed strictly in conformity with S.276 of the Act - It is not necessary for respondents to disclose in probate application material facts pertaining to indigenous identities of beneficiaries when local legislation prohibits obtaining possession of immovable properties in the..........
Indian Penal Code, 1860, Section 376, 354B -- Nature of offence - Accused attempting to disrobe prosecutrix when she cried out and upon local people arriving at spot he ran away - Evidence of prosecutrix with regard to assault and strangulation being not supported by medical evidence appears to be embellishment - Said act of accused does not come u/s 376 IPC - However, act..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Apprehension that defendant will lease out the land - Held, mere leasing out does not amount to dispose of or removal of said property from the local jurisdiction of Court - No case made out for attachment of property - Petition dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Objection to report - Court to obtain fresh report in case of rejection of report...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Report - Court issuing commission has to be satisfied with regard to proceedings of Commissioner - Objections are invited from parties - After hearing objections Court has to record its satisfaction - Court may confirm report or may direct such further inquiry to be made - If Court is not satisfied..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Order rejecting commissioner's report - Order of acceptance and rejection of commissioner's report is an interlocutory order and revision against same is not maintainable...........
Criminal Procedure Code, 1973, Section 36 -- Appointment of Superior police officer to investigate a particular case - State Police Chief can appoint a suitable and competent officer to investigate a case irrespective of limits of local jurisdiction of such officer, if such a course of action is required - Such an appointment would not be hedged by limitations imposed by..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction of Court - Suit for recovery of immovable property or for determination of other right to, or interest in the immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
