Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - An advocate commissioner can be appointed for local investigation as mere oral evidence would not aid either party to decide the issue of encroachment - Object of local investigation is to collect evidence at the instance of the party who relies on the same and which evidence cannot be..........
West Bengal Premises Tenancy Act, 1997, Section 44 -- Rent & Eviction - Urgency of repair work - Civil Court's jurisdiction is not ousted when application for appointment of Local Inspection Commissioner is prayed for to ascertain the urgency of repair work - If such urgency is seen from the Commissioner's report in that case by exercising power conferred u/s 151 CPC,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit when not maintainable, Local Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Even in a suit for injunction, where there is a necessity for demarcation of land, an Advocate-Commissioner can be appointed...........
Central Excise Act, 1944, Section 37C(a) -- Excise - Adjudication order in case of recovery proceeding - Appeal before Commissioner - According to S.37C(a) of the Act any decision, order, summons or notice may either be sent by registered post with acknowledgement due to the person concerned or his authorized agent - Employee on whom the decision was tendered was mere..........
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...........
Prevention of Corruption Act, 1988, Section 7, 13, 20 -- Illegal gratification - Appeal against conviction - Accused, Asst. Labour Commissioner allegedly received bribe from complainant to issue license - Statement of complainant and evidence of panch witnesses consistently establishing basic ingredients of demand and acceptance - Tainted currency also found from accused -..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendant from causing any obstruction to plaintiff's enjoyment of suit property - Commissioner's report and oral evidence shows that there was an attempt to interfere with plaintiff's right as claimed - There is also a challenge by defendant against rights conferred on plaintiff as..........
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..........
