Section 75 of CPC – Appointment of Court Commissioner
Views 42 75. Power of court to issue commissions. – Subject to such conditions and limitations as may be prescribed,…
Appointment of Commissioner in a suit for injunction:-
Views 82 In 2014, the Hon’ble Andhra Pradesh High Court, in K.Dayanand And Another vs P. Sampath Kumar, after considering…
It is not the business of the Court to collect evidence in favour of one party – Court Commissioner
Views 25 It is not the business of the Court to collect evidence in favour of one party:- In Padam…
Advocate-Commissioner cannot be appointed for making an enquiry about factum of possession:-
Views 55 Advocate-Commissioner cannot be appointed for making an enquiry about factum of possession:- In K.M.A.Wahab & others vs. Eswaran…
Commissioner should not be appointed to gather evidence to prove the case of parties,
Views 19 Advocate-Commissioner should not be appointed to gather evidence to prove the case of parties:- In Krishnamurthy, T.K vs.…
Court Commissioner can be used for fact finding purpose
Views 20 Advocate Commissioner cannot be used for fact finding purposes and as such, the order passed by the Court…
How Prompt Court Commissioner required to be appointed ?
Views 22 If no prompt actions are taken to appoint an advocate-commissioner, it may destroy the valuable rights of the…
Whether the Execution Court has power to appoint an Advocate-Commissioner?
Views 21 Whether the Execution Court has power to appoint an Advocate-Commissioner? In 2015, Gurram Anantha Reddy vs Katla Sayanna,…
Whether Court Commissioner will be entitled to a remuneration ?
Views 40 Whether the commissioner will be entitled to a Remuneration? There is no provision in the CPC which expressly…
Power of a Court Commissioner under the Act ?
Views 40 Under order 26 rule 16, powers of a commissioner are as follows: Commissioner has the authority to examine…
Court Commissioner Model Order Format in English
Views 67 ORDER BELOW EXH……. IN RCS NO. 04 OF 2013 Read the application. Heard L.A. Shri SO and SO…
Objection in Court Commissioner report What to do ?
Views 126 If any party raises objection on the Report, the Commissioner shall be examined : – The A.P. High…
Can Court Commissioner is to be called as a witness in court ?
Views 47 Commissioner’s Report is part of record – Commissioner need not be examined as witness to prove it :…
Court Commissioner Can not be appointed to find out who is in possession.
Views 43 Possession is a matter of proof of necessary oral and documentary evidence. The Court has to investigate and…
Whether Court Commissioner can collect evidence ?
Views 57 As per settled law Appointment of Advocate Commissioner – where there is an allegation of encroachment of land,…
Whether Second Court Commissioner be appointed for Same purpose ?
Views 66 The Report of the First Commissioner is on the record. The petitioner applied for another Commissioner on the…
Whether Court can Suo motto appoint a Local Court Commissioner ?
Views 11 NO. Order XXVI of C.P.C. contains 22 rules. There is no provision conferring Suomotto powers on the trial…
Whether Notice to Opposite Party is required in Court Commissioner ? – Section 75 CPC
Views 25 Notice to opposite party : The question that arises is whether any duty is cast on the Court…
Court Commission to make local investigation
Views 23 Commission to make local investigation: In any suit in which the Court deems a local investigation to be…
“Bandi Samuel Vs. Medida Nageshwara Rao 2017 (1) ALT 493 dated 04-11-2016” Evidentary Value of Court Commissioner
Views 81 Report of Advocate-Commissioner forms part of the records. AdvocateCommissioner report is not binding on Court and in fact…
Local inspection by Advocate-Commissioner ? – Court Commissioner
Views 37 Where there is controversy as to identification, location or measurement of the land, local investigation should be done…
At What Stage Advocate Commissioner can be appointed ? – Court Commissioner
Views 18 Before the issues are framed:- It cannot be said that no Commission could be appointed before the issues…
Where appointment of Court Commissioner is proper ?
Views 36 1. In a Suit for injunction, there is no absolute bar on appointment of Commissioner. It is not…
When Court Commissioner Application be denied ?
Views 27 Court Commissioner Application can be rejected on the following Grounds. commissioner is required to decide real controversy between…