Section 75 of CPC – Appointment of Court Commissioner
75. Power of court to issue commissions. – Subject to such conditions and limitations as may be prescribed, the court…
Appointment of Commissioner in a suit for injunction:-
In 2014, the Hon’ble Andhra Pradesh High Court, in K.Dayanand And Another vs P. Sampath Kumar, after considering the dicta…
It is not the business of the Court to collect evidence in favour of one party – Court Commissioner
It is not the business of the Court to collect evidence in favour of one party:- In Padam Sen and…
Advocate-Commissioner cannot be appointed for making an enquiry about factum of possession:-
Advocate-Commissioner cannot be appointed for making an enquiry about factum of possession:- In K.M.A.Wahab & others vs. Eswaran & another,…
Commissioner should not be appointed to gather evidence to prove the case of parties,
Advocate-Commissioner should not be appointed to gather evidence to prove the case of parties:- In Krishnamurthy, T.K vs. Tamil Nadu…
Court Commissioner can be used for fact finding purpose
Advocate Commissioner cannot be used for fact finding purposes and as such, the order passed by the Court below is…
How Prompt Court Commissioner required to be appointed ?
If no prompt actions are taken to appoint an advocate-commissioner, it may destroy the valuable rights of the parties: In…
Whether the Execution Court has power to appoint an Advocate-Commissioner?
Whether the Execution Court has power to appoint an Advocate-Commissioner? In 2015, Gurram Anantha Reddy vs Katla Sayanna, in C.R.P.…
Whether Court Commissioner will be entitled to a remuneration ?
Whether the commissioner will be entitled to a Remuneration? There is no provision in the CPC which expressly provides for…
Power of a Court Commissioner under the Act ?
Under order 26 rule 16, powers of a commissioner are as follows: Commissioner has the authority to examine the parties…
Court Commissioner Model Order Format in English
ORDER BELOW EXH……. IN RCS NO. 04 OF 2013 Read the application. Heard L.A. Shri SO and SO on behalf…
Objection in Court Commissioner report What to do ?
If any party raises objection on the Report, the Commissioner shall be examined : – The A.P. High Court observed…
Can Court Commissioner is to be called as a witness in court ?
Commissioner’s Report is part of record – Commissioner need not be examined as witness to prove it : – According…
Court Commissioner Can not be appointed to find out who is in possession.
Possession is a matter of proof of necessary oral and documentary evidence. The Court has to investigate and record finding…
Whether Court Commissioner can collect evidence ?
As per settled law Appointment of Advocate Commissioner – where there is an allegation of encroachment of land, an Advocate…
Whether Second Court Commissioner be appointed for Same purpose ?
The Report of the First Commissioner is on the record. The petitioner applied for another Commissioner on the ground that…
Whether Court can Suo motto appoint a Local Court Commissioner ?
NO. Order XXVI of C.P.C. contains 22 rules. There is no provision conferring Suomotto powers on the trial Court or…
Whether Notice to Opposite Party is required in Court Commissioner ? – Section 75 CPC
Notice to opposite party : The question that arises is whether any duty is cast on the Court to issue…
Court Commission to make local investigation
Commission to make local investigation: In any suit in which the Court deems a local investigation to be requisite or…
“Bandi Samuel Vs. Medida Nageshwara Rao 2017 (1) ALT 493 dated 04-11-2016” Evidentary Value of Court Commissioner
Report of Advocate-Commissioner forms part of the records. AdvocateCommissioner report is not binding on Court and in fact his report…
Local inspection by Advocate-Commissioner ? – Court Commissioner
Where there is controversy as to identification, location or measurement of the land, local investigation should be done at an…
At What Stage Advocate Commissioner can be appointed ? – Court Commissioner
Before the issues are framed:- It cannot be said that no Commission could be appointed before the issues are framed…
Where appointment of Court Commissioner is proper ?
1. In a Suit for injunction, there is no absolute bar on appointment of Commissioner. It is not the business…
When Court Commissioner Application be denied ?
Court Commissioner Application can be rejected on the following Grounds. commissioner is required to decide real controversy between parties commission…