Civil Procedure Code, 1908, Order 41, Rule 23, 23, 25 -- Remand - Trial Court directed to appoint Commissioner for site inspection and decide ownership of disputed plot on the basis of report of Commissioner - Held, Local Commissioner cannot be appointed to collect evidence nor can ownership be decided on the basis of report of Commissioner - On the other hand, case does..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Either party can seek appointment of Local Commissioner in situations where there is controversy as to identification, location or measurement of the land - Local investigation should be done at an early stage so that parties are aware of the report of Commissioner and go to trial prepared - Party against..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - No proof that accused was driving offending vehicle - Sole eye witness not supporting case of prosecution - No one saw accused driving offending vehicle - Local residents who took deceased to hospital after accident not associated - Vehicle intercepted at 2.30 pm. and statement of eye witnesses recorded..........
Criminal Procedure Code, 1973, Section 156, 482 -- Custodial death - Transfer of investigation to CBI - State investigating agency failed to conduct investigation in fair and impartial manner and abrogated and derelicted its basic sovereign duty to investigate crime - FIR registered u/s.304(Part I)PC instead of S.302 IPC - No investigation relating to previous animosity..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder - Proof - Circumstantial evidence - Dead body of victim found lying in field - Medical evidence shows that victim was subjected to sexual intercourse before her death - Presence of accused at spot immediately after occurrence established - Conduct of accused in running away from village and remaining absconded..........
Civil Procedure Code, 1908, Order 26, Rule 10(2), (3) -- Report of Commissioner - Objections thereto - When can be raised? - Held, there is no specific provision provided under CPC for filing or inviting objections to report of local Commissioner - Court enjoins certain discretion either to examine objection, the moment, it is raised or can permit parties to examine..........
Kerala Land Reforms Act, 1963, Section 80, 79A, 125, 2(25) - - Kudikidappukaran status - Claim of - Held, in order to claim status of Kudikidappukaran for purpose of availing benefits available as a Kudikidappukaran as spelt out u/s.79A of the Act, person has to ensure that status claimed by him as Kudikidappukaran is in first instance accepted by local authority in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - In a suit for bare injunction, Court should discourage filing of an application for appointment of Local Commissioner as the scope of such a suit is very limited...........
Madhya Pradesh Accommodation Control Act, 1961, Section 7, 8, 9, 10 -- Enhancement of standard rent - Grounds for - Held, (i) when annual rent for purpose of assessment of tax by municipal authority is changed or revised as provided u/s.7(3)(a) of the Act - (ii) when landlord undertakes construction, addition, alteration etc., then, to the extent of 10% as provided..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Appointment of commissioner to note the physical features or to undertake other related activities in a suit for injunction is a rarity...........
