Civil Procedure Code, 1908, Order 26, Rule 9 -- Second commissioner - Court if dissatisfied with the report of first Commissioner, it is only open to Court to reissue the same commission...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Order u/s 151, or U.O.39.R.7 CPC is a matter of trial Court's discretion to be exercised in respect of facts of which it seeks information...........
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..........
Prevention of Food Adulteration Act, 1954, Section 2(ia), 2(ia)(m) -- Adulteration of food - If written consent records prima facie satisfaction of Joint Commissioner that sample is adulterated, then sample is adulterated u/ss.2(ia), 2(ia)(m) of the Act...........
Prevention of Food Adulteration Act, 1954, Section 20, 7, 16 -- Sanction for prosecution - Written consent accorded by Joint Commissioner is based on existence of material on record and it discloses application of mind by concerned authority - Order of acquittal passed by Session Court set aside - Order of trial Court convicting accused upheld...........
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...........
