Agreement to sell -- Proof - Agreement not signed by plaintiff - Agreement thumb marked by defendant and witnessed by `S' and `K' and bearing seal of Oath Commissioner - None of those persons supported execution of document - Agreement to sell not proved - Decree of specific performance rightly set aside by first appellate Court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application dismissed - Order does not operate as res judicata or estoppel for trial Court to change its mind at a later stage...........
Customs Act, 1962, Section 28(4), 2(34) -- Recovery of duty not paid - Proper officer - Additional Director General of DRI is not `proper person' to exercise power u/s 28(4) of the Act, particularly when goods have been cleared for import by Deputy Commissioner of Customs who decided the goods are exempted, as re-assessment and recovery of duties is by same authority and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court commissioner - To measure suit property would not amount to collection of evidence in a suit for declaration and possession...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court commissioner - Suit for declaration and possession - If a consequential relief of possession is sought and there is an allegation that there is an encroachment, then it would be always open for parties to seek local inspection to get property measured...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court commissioner - If Court is satisfied on material available on record that plaintiffs are not able to produce desired evidence, it can exercise discretion and order for Local investigation...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7 -- Maintenance - Procedure in respect of maintenance cases would be to first approach ADM/SDM concerned u/s 7 of the Act and thereafter, Appellate Tribunal which is presided over by Deputy Commissioner of concerned district...........
Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 2016, 22(3)(1), (3)(4) -- Eviction - First forum in respect of eviction would be Deputy Commissioner/District Magistrate - However, challenge to the order of Deputy Commissioner/DM would lie before Divisional Commissioner...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 2016, 22(3)(4) -- Maintenance and eviction - In every order passed by initial forum, two sentences be added at the end of every order - For maintenance cases : "Present order would be appealable u/s 16 of the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Court has powers to appoint a Commissioner - Such powers are to be exercised if Court desires assistance from Commissioner or is of opinion that Commissioner's report will assist the proper disposal of cause before it...........
