Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Report is only for ascertaining factual aspect of matter and it is entirely in the domain of Court to decide whether to accept said report or not...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Not filed with leave of Court - Such replication cannot be considered as part of pleadings - Permission granted to withdraw such replication - No interference in order warranted - However, defendant shall be at liberty to confront plaintiff based on statement, if any, made in the replica in question...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replica not filed by plaintiff with leave of Court - Mere acceptance of replica on record will not amount to permission or leave to file replica...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of defendant as plaintiff's witness - Plaintiff can seek to summon defendant as his witness but same cannot be allowed as a matter of right and Trial Court is required to consider the purpose for which, witness is proposed to be summoned and thereafter consider application by assigning proper reasons...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of opponent as a witness - Not desirable judiciously - However, in case Court comes to conclusion that opponent's evidence is necessary then to summon the opponent as a witness...........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Land Revenue Act, 1954, Section 46 -- Jurisdiction of civil Court - Suit related to entries of revenue record - Plaintiff claimed that her name was not incorporated by revenue officials in column of ownership and possession despite acquiring status by way of adverse possession - Such denial to record name of plaintiff..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - While passing order of sentence after determining fine/compensation, Court shall also pass an order to pay future interest @ 9% p.a. on the compensation amount payable to complainant by fixing time of one/two months to deposit compensation amount so that even if matter is challenged..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Where amount is deposited pursuant to orders passed u/s 143-A of the Act, Court can consider for exclusion of interest on amount deposited by accused...........
