Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vest in favour of a party to get commission issued U.O.26.R.9 CPC, rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To visit the spot for measurement of property - Suit for possession - Mere measurement of property cannot be criteria for identification of property - Whether defendants are in possession of plot No.20 or plot no.17 is a matter which has to be decided during course of trial on the basis of..........
Service -- Reinstatement - Respondent was employed on temporary basis for a fixed term of one year or till regular selection is made whichever is earlier - Nothing on record to demonstrate that appointment was made by following any known procedure for appointment to a public post - Respondent was disengaged due to shortage of work available - Tribunal was justified in only..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Where parties cannot agree upon a common name as to who will act as an arbitrator, Court can appoint the arbitral Tribunal...........
Civil Procedure Code, 1908, Section 30, Order 26, Rule 9 -- Appointment of advocate commissioner - In a suit for injunction, facts could be gathered at the ground level by civil Court by appointment of advocate Commissioner for the purposes mentioned in S.30 CPC and thereafter rights of contesting parties could be gathered - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Merely because defendants seek for appointment of advocate commissioner, same per se does not mean that report would be in favour of defendants - Advocate commissioner is appointed for gathering the truth - If the structures as pleaded by defendants are in existence and Advocate..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Land loser -- Grant of employment - Termination - Appellant given employment as son-in-law of land loser under the prevalent scheme intended for land loser's family member - However, on account of estrangement between appellant and his wife and divorce proceeding initiated by appellant, his father-in-law/land loser made complaints, which led to issuance of charge memo with..........
Service -- Compassionate appointment - Compassionate appointment is not a vested right for appointment - Said right is not a condition of service of an employee who dies in harness, which must be given to the dependent without any kind of scrutiny or undertaking a process of selection...........
Service -- Compassionate appointment - Where there is no policy, instruction, or rule providing for an appointment on compassionate grounds, such an appointment cannot be granted...........
