Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Advocate Commissioner can be appointed to note down physical features and also to ascertain encroachment if any...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of property - It will help Court to take a decision whether any encroachment is made as alleged - In case Advocate Commissioner finds that there is no encroachment then it is petitioner who will get favourable order in the suit and thus no prejudice will be caused to the..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Replication - Filing of documents alongwith replication - There is no complete bar on production of documents alongwith replication at a later stage - Requirement is one of seeking leave of Court - Procedures are handmade of justice and cannot be used to deny the same...........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 3, 5, 7, 9, 29 -- Bail - Offence u/ss 3, 5, 7 & 9 of POCSO Act - Presumption u/s 29 of POCSO Act would come into play even if bail application is considered at pre-trial stage - Accused thus, have a right to bring to notice of Court the material or lack of it to show..........
Criminal Procedure Code, 1973, Section 482, Wild Life (Protection) Act, 1972, Section 2, 9, 39A, 49A, 51 -- Quashing of proceedings - Seizure of turtle - Turtle seized does not find mention in Sch.I, Part II of the Wild Life Act and turtle have already been freed on second day of its seizure - Proceedings rightly quashed...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for rectification of sale deed and for declaring the sale deed of defendants No.5 to 8 null and void - There was no question of adjudication of bhumidari rights - An executant or his successor can file suit in Civil Court for cancellation of void instrument...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Demarcation of land - Where parties being owners of adjoining land and plaintiff alleging encroachment in suit property, application for demarcation of land, would certainly facilitate an effective and complete adjudication of matter - Demarcation of land in question by implying latest..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Partition suit - Plaintiffs are aged about 80 years and 72 years respectively - They are senior citizens - Application pending before Court below for more than 9 years, which is very unreasonable and contrary to procedure contemplated under law - Petitioners have to get fruits of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
