Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - There is no rigid rule that a Commissioner can never be appointed in a simple suit for injunction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Identify of property disputed by defendant - Trial Court when wrong in dismissing the application...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
Stamp Act, 1899, Section 47A -- (as amended by State of UP) - Deficient stamp duty - Sale deed - Show cause notice issued to petitioner erroneous and lacking in material particulars - Date of sale deed mentioned in notice is in complete variance to sale deed in question - Even, ex parte report of Sub-Registrar cannot be relied upon by authority concerned for ascertaining..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To know the existing position at spot - Does not amount to collecting evidence on behalf of plaintiff - Order appointing Local Commissioner calls for no interference...........
Civil Procedure Code, 1908, Order 26, Rule 4A -- Appointment of Commissioner to record evidence of plaintiff - Plaintiff aged about 70 years is suffering from different co-morbidities - Plea that infirmity or sickness of said witness has not been pleaded and/or proved as such commission cannot be issued to record evidence of said witness, not tenable - Court below to avoid..........
Employee's Compensation Act, 1923, Section 30 -- Appeal - Accident during course of employment - Award of compensation by Compensation Commissioner - Appeal thereagainst - An appeal against said award is maintainable only on substantial question of law in terms of S.30 of the Act - Setting aside of award by High Court on wholly untenable ground of lack of territorial..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission - O.26.R.9 CPC does not contemplate appointment of commission for examination of a document and report to Court about oral account of its contents, as if oral account of contents of document is included in report of commissioner that is only secondary evidence and thus, bar for admission to secondary..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Refusal to appoint Local Commissioner - Revision u/art 227 of Constitution not maintainable against order refusing to appoint Local Commissioner...........
