Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Determination of fact - Report from Revenue Officer is always relevant, when demarcation of property is required...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(3) -- Local Commissioner - Report when not satisfactory - Report of Local Commissioner not satisfactory as dimensions mentioned therein did not match with revenue record - Court should examine Commissioner in Court to get things clarified or may appoint a new Local Commissioner, as it thinks fit...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation by CBI - Permissibility - CBI is an independent establishment and not a local police station - Special Judge exceeded its jurisdiction in directing investigation u/s 156(3) Cr.P.C. by CBI, as he was not empowered to direct investigation to any other officer other than the officer in charge of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Dispute as to identity of suit property - Appointment of Commissioner to note down its physical features is not erroneous, as it does not amount to collecting or gathering evidence, particularly when it is alleged that defendants are trying to obliterate the physical features of property..........
Income Tax Act, 1961, Section 80IB(10) -- Scope - Provision is applicable in respect of housing projects and not commercial projects - Must have been sanctioned by local bodies and includes `residential cum commercial complex' - Before 2004 amendment no ceiling on extent of commercial user area - Extent of area sanctioned for shops and commercial establishments in a..........
National Highways Fee (Determination of Rates and Collection) Rules, 2008, Rule 8 -- Location of toll plaza - Order to shift toll plaza near place where NH7 and NH208 bifurcates - Contention of payment of full toll by limited user of NH7 to access NH208, resulting into violation of R.8(1) of Rules - As per material on records, monthly passes for local vehicles owners..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Cannot be appointed to enable a party to create or collect evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Injunction is claimed by plaintiff being a co-owner in exclusive possession of a co-owned land - Said plea can be substantiated by producing revenue record and other material - Discretionary order passed by Court refusing to appoint Local Commissioner to create evidence, does not warrant..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of Commissioner, passed by trial..........
Service -- Departmental proceedings and criminal investigation - Departmental proceedings not to be kept in abeyance pending criminal investigation in view of directions given viz. Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which..........
