Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner at appellate stage - By getting the survey commission, petitioner wanted to fill up the lacuna of his case and to generate the evidence - Cannot be permitted at the appellate stage...........
Electricity Act, 1910, Section 26(6) -- Electricity - Defective meter - Before imposing penalty show cause notice or opportunity of hearing not given - Appellant not competent at its own level to claim any extra amount for slow, defective meter or non registering of energy on one phase - Held, when there is a dispute as to whether the meter is correct or faulty it is only..........
Evidence Act, 1872, Section 26 -- Extra judicial confession made while accused was brought to Court for extension of judicial remand - Accused could not probabilise his defence that he was in custody of police officer - Accused could not name the police officer who had brought him to the Court premises for extension of judicial remand - It is not the case of accused that..........
Civil Procedure Code, 1908, Order 26, Rule 10-A -- Signatures - Comparison - Defendant denied his signatures on memorandum of partition - Burden is on plaintiff to prove his case - Order for comparison of signatures by hand-writing expert, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Execution - Mere pendency of writ petition does not amount to stay of execution proceedings - Unless and until a stay order is presented Executing Court is free to execute the decree...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second advocate commission - Held, before appointment of a second advocate commissioner, court should record its dissatisfaction about report submitted by first commissioner - Object being to avoid conflicting reports before court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Evidence - Recording on commission - Inability of witness to attend court - Medical certificate not produced to substantiate inability - Plea cannot be disbelieved on that ground - Court by appointing Commissioner to record evidence, even in absence of medical certificate in support thereof has not committed any illegality -..........
Hindu Marriage Act, 1955, Section 26 -- Child - Maintenance - Contribution towards maintenance by both spouses who are earning, need not be in equal proportion - The same to be decided on the basis of facts - Welfare of the child is the paramount consideration though other matters such as income of both parents, needs of the child and the like, may also be considered...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application dismissed - Revision petition thereagainst under Article 227 Constitution of India - Held, revision petition is not maintainable against the order, whereby an application for appointment of Local Commissioner is dismissed...........
Protection of Women from Domestic Violence Act, 2005, Section 26, 36 -- Any relief available under the Act can be sought in any legal proceedings before the civil court, family court or criminal court, whether such proceeding was intended before or after commencement of this Act - Aggrieved person shall be bound to inform the Magistrate of the reliefs obtained by her in..........
