Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification of suit property - Measurement of property - Fixed point not established by Commission - Commission report is liable to be rejected straightway...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For ascertaining age of apple plants - Possession of plaintiff over suit land is not disputed - Since possession of plaintiff over suit land is not in dispute, then obviously no purpose is going to be served by appointing a Local Commissioner for ascertaining the age of apple plants - Moreover, age of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Object of appointment of a Local Commissioner in software piracy matters is not, as much to collect evidence but to perverse and protect the infringing evidence and strict proof is not required to be given at initial stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Ex parte appointment - Plaintiffs prima facie prove that defendants has illegally accessed copyright photographs and database of plaintiffs company from its website and might have transferred it to CREXi, who is the competitor of plaintiffs company - CREXi used the said copyright photographs and database..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Independent witness corroborated the prosecution case that deceased was subjected to torture by accused on demand of money - De facto complainant also corroborated the prosecution story in his evidence - Incident of torture was also corroborated by local disinterested witnesses - There is direct..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder of wife by husband - Circumstantial evidence - Extra judicial confession - PW8 stated that accused has stated before him to have killed deceased due to her loose character - However, circumstances as stated by PW8 that local villagers were assaulting accused and out of fear he confessed to have..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Statement of victim u/s 161 Cr.P.C is quite similar to version of complainant as stated in FIR and thereafter statement recorded by Magistrate has also no deviation from allegation of rape - Father of victim saw accused in torch light who ran away from spot - Statement of..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Disputed property whether falls within Khasra as claimed by petitioner or Khasra as claimed by respondent - One of the proper method for ensuring a complete and just adjudication of said dispute will be by way of demarcation of property - Impugned order, dismissing application, set aside...........
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...........
