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…
Supreme Court Judgement From 1950 to Till Date…
Supreme Court of India Database last updated: 28 January 2021 Most recent decision: 9 October 2020 Number of decisions: 38152…
Stages of Criminal Trial at a Glance
STAGES OF CRIMINAL TRIAL. Normally a Criminal Trial has to travel through main stages from the lodging of F.I.R. till…
Husband Can divorce his wife if she
Narendra Versus K. Meena Civil appeal No. 3253 of 2008 After the marriage, a Hindu Wife is expected to be…
Bail – Advocate Manoj Chaudhari Hindi Blog
जब अभियुक्त के पास ज़मानतदार नहीं हो तब क्या करें जाने 445 सीआरपीसी, के क्या है प्रावधान संपूर्ण भारत में…
Limitation period at a Glance – Civil & Criminal – IMP Note
⚫ Limitation Period: 1. The time for filing first appeal in civil cases is 30 days. 2. The time for…
What is Argument ? What Argument Covers ? – Practical Aspect
What is Argument in General Sense ? An argument is a statement or set of statements that you use in…
Article 32 – Writes – Short Note For Exam – AIBE Exam – JMFC Exam
Article 32 deals with the right to move to the supreme court for the enforcement of Fundamental Rights including the…
JMFC Civil Judge Exam Gujarat -Day-8- Quick Summary of Fundamental Rights – Indian Constitution.
JMFC Civil Judge Exam Gujarat -Day-8- Quick Summary of Fundamental Rights – Indian Constitution.
JMFC – Civil Judge Model Paper for Gujarat Judge Exam
Dear Candidate We have created model papers for the JMFC – Civil Judge Exam of Gujarat High Court. you can…
Union Budget on Application
Government introduce paper less budget
Civil Judge Interview Call – Gujarat High Court – Civil Judge Exam
High Court of Gujarat, Sola, Ahmedabad Advertisement No. RC/0719/201920 : NOTICE: Recruitment for filling up Vacancies to the Cadre…
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…
Supreme Court Stay on Skin to Skin Case : Sexual assort – Bombay High Court
Decision will set a very dangerous precedent, says Attorney General K.K. Venugopal. The Supreme Court on Wednesday stayed the acquittal…
Form – English – Short Form of a Will Draft
Short Form of A Will in English Short Form of a Will This is the Last Will of mine, AB,…
Form – Gujarati – Bagayati Pal Vavetar Mate nu Form
Gujarat Horticulture Mission _ Form for Getting "Bagayati" We are trying to Upload all necessary forms of day to day…
Form – Gujarati -Cast Certificate Application Form.
Cast Certificate Application Form (Samaj Kalyan) We are trying to Upload all necessary forms of day to day to use.…
Form – Gujarati – Death Certificate Application Form.
Gujarati Form - Death Certificate Download PDF We are trying to Upload all necessary forms of day to day to…
Form – Gujarati – Domicile Certificate Application Form.
We are trying to Upload all necessary forms of day to day to use. If are unable to find your…
Groping minor without ‘skin to skin’ contact not sexual assault, rules Bombay HC
Groping minor without ‘skin to skin’ contact not sexual assault, rules Bombay HC The Bombay High Court has ruled that…
Family Medical Insurance For Lawyer : ABAP Team Ludhiana
Akhil Bhartiya Adhivkta Parishad TEam ludhiana Submitted A memorandum to Shri Ravi Shankar Parsad. Honble Deputy Commissioner of Ludhiana. Regarding…
Recruitment Supreme court – clerk – Contractual – Rs. 65000
Supreme court of India, New Delhi Engagement of Law Clerk – cum – research Assistant on short term contractual basis…
26-01-2021 – Happy Independence Day to All Advocates
26-01-2021 – Happy Independence Day to All Advocates. We promise you that Next 26-01-2022 we will have different era in…
Form – Gujarati – Birth & Death Application Form.
We are trying to Upload all necessary forms of day to day to use. If are unable to find your…
What is Vakalatnama ? – Download Format – Make Your Vakalatnama Free
Silent Features of Vakalatnama A person / party filing a case, May also represent their own case personally in any…
Evidentiary Value of the Court Commissioner Report ?
What is the evidentiary value of the report submitted by the commissioner? According to order 26 rule 10 (2) of…
Order 26 Rule 9 of CPC – Court Commissioner – Complete Note
Under CPC, a commissioner is appointed to fulfil certain functions which are essential for the Court, in order to dispense…
Appreciation of Evidence – Hostile Witness – Most Imp Judgements
Hostile Witness 10 Landmark Judgement
Law Commission Remedies for Hostile Witness
Remedies (Hostile Witness) _ 178th Law Commission report has suggested that statement of the Witness under Section 161 of Cr.P.C.…
The evil of perjury has assumed alarming propositions in cases
Mahila Vinod Kumari v/s. MP: _ "The evil of perjury has assumed alarming propositions in cases depending on oral evidence…
Perjury has also become a way of life in the law courts.
Swaran Singh v/s. Punjab (A.I.R. 2000 S.C. 2017) _ “Perjury has also become a way of life in the law…
Section 340 : Inquiry – Hostile Witness Related Judgements
Section 340 inquiry _ Having said about the reluctance of Courts in using the routes of perjury, two prima facie…
What is Perjury ? – Describe Provisions
Perjury _ Section 191 of IPC defines Perjury as giving false evidence. _ Section 193 holds punishment for Perjury as…
Section 132 For Hostile Witness
Section 132: _ Hostile witness is ensnared by Section 132 of Evidence Act. _ Section 132 creates a window whereby…
Section 146 of the Evidence Act – Hostile Witness Remedies
Section 146 can be put to use. Questions to test veracity of witness may be asked; Questions intended to injure…
Section 154 of Evidence Act – Remedies of Hostile Witness
1 Section 154 _ Section 154 can be used if the court finds that a witness has turned hostile. In…
Witness hostility – Causes ?
Witness hostility – Causes (as explained by Law Commission): _ Easy availability of bail to accused _ Defaults in payment…
why witness turn Hostile ?
Reasons why witness turn hostile Disinclination to get involved in court proceedings. _ Fear of criminals. _ Sympathy for the…
Hostile Witness : – Definition
1.1 Witness _ “One who gives Evidence in a cause; an indifferent person to each party, sworn to speak the…
Gujarat University LLB Integrated Syllabus For All Sem
Regular BA LLB Integrated Law Sem 1 to 10 Syllabus 2020 Regular BBA LLB Integrated Law Sem 1 to 10…
Gujarat University LLM All Category Latest Syllabus Download
Regular LLM (Gr-G) Constitutional Law and Legal Order Regular LLM (Gr-6) Constitutional Law and Legal Order 2019-20 Regular LLM (Gr-5)…
Gujarat University LLB New Syllabus – Download PDF
Here is the PDF of LLB All Semester New Syllabus of LLB Course. The Gujarat University has revised the Syllabus…
Criminal Conspiracy Practice Aspects & Judgements
In the Offence of Criminal Conspiracy direct evidence is seldom available and mostly the case is based on circumstantial Evidence.…
Role of Public Prosecutor and his duty of disclosure:
Role of Public Prosecutor and his duty of disclosure: It was argued by Mr. Ram Jethmalani, learned senior counsel for…
Balancing Rights of The Accused in The Criminal Justice System
Balancing Rights of The Accused in The Criminal Justice System Dinesh Dalmiya vs. State, 2006 Cri.L.J. 2401. Dr. Purshottam Soni…
Balancing The Rights of Victims in The Criminal Justice Process
Balancing The Rights of Victims in The Criminal Justice Process Sakshi vs. Union of India, AIR 2004 S.C. 3566
section 311 Cr.PC the court has power to summon at any stage,
Under section 311, Cr.P.C.,the court has power to summon at any stage, any person as a witness, or examine any…
A private counsel engaged by complainant can act only under guidance of the public prosecutor
A private counsel engaged by complainant can act only under guidance of the public prosecutor : A private counsel engaged…
Only public prosecutor to conduct prosecution
Only public prosecutor to conduct prosecution : Where in a complaint case instituted by private complainant, offences are triable exclusively…
Private counsel not to lead evidence on behalf of prosecution
Private counsel not to lead evidence on behalf of prosecution : A privately engaged counsel may not have any liberty…
Role of a private counsel engaged in a criminal case is like a junior advocate conducting the case of his senior in court
Role of a private counsel engaged in a criminal case is like a junior advocate conducting the case of his…
Appearance by Public Prosecutors (Section 301 CrPC)
Appearance by Public Prosecutors (Section 301 CrPC) : (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a…
Public Prosecutor appointed u/s 24 CrPC is an officer of court
Public Prosecutor appointed u/s 24 CrPC is an officer of court : A public prosecutor appointed u/s 24 CrPC is…
Public Prosecutors : Their powers & functions
Public Prosecutors : Their powers & functions : In criminal matters, public prosecutors are appointed u/s 24 CrPC. Public Prosecutor…
A private counsel engaged by complainant can act only under guidance of the public prosecutor
A private counsel engaged by complainant can act only under guidance of the public prosecutor : A private counsel engaged…
Only public prosecutor to conduct prosecution
Only public prosecutor to conduct prosecution : Where in a complaint case instituted by private complainant, offences are triable exclusively…
Private counsel not to lead evidence on behalf of prosecution
. Private counsel not to lead evidence on behalf of prosecution : A privately engaged counsel may not have any…
Section 302 CrPC : Permission to conduct prosecution
Permission to conduct prosecution (Section 302 CrPC) : (1) Any Magistrate inquiring into or trying a case may permit the…
Public Prosecutors : Their powers & functions
Public Prosecutors : Their powers & functions : In criminal matters, public prosecutors are appointed u/s 24 CrPC. Public Prosecutor…
Section 301 Crpc – Appearance by Public Prosecutors (Section 301 CrPC)
Appearance by Public Prosecutors (Section 301 CrPC) : (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a…
Appointment of Public Prosecutors
Appointment A public prosecutor appointed u/s 24 CrPC is an officer of court. He has to act objectively and not…
Model Issue : General Issue for Any Regular Civil Suit
Whether the suit is barred by law of limitation? Whether the suit is barred by the principal of res –…
Model Issue : ISSUES RELATING TO PARTITION SUITS
ISSUES RELATING TP PARTITION SUITS Whether the plaintiff proves that he and the defendant are the members of the Joint…
Model Issue : ISSUES RELATING TO THE CARRIERS ACT
ISSUES RELATING TO THE CARRIERS ACT Whether the plaintiff proves that the plaintiff is a proprietary firm and carrying on…
Model Issue : ISSUES RELATING TO SPECIFIC PERFORMANCE
ISSUES RELATING TO SPECIFIC PERFORMANCE Whether the plaintiff proves that the defendant agreed to sell the Suit property to him…
Model Issue : ISSUES RELATING TO RENT SUITS
ISSUES RELATING TO RENT SUITS Whether the plaintiff proves that the defendant is a tenant of the Suit property at…
Model Issue : ISSUES RELATING TO PARTNERSHIP/ACCOUNT
ISSUES RELATING TO PARTNERSHIP/ACCOUNT Whether the plaintiff proves that the parties are doing the business of ________ in partnership in…
Model Issue : ISSUES RELATING TO MONEY SUITS
ISSUES RELATING TO MONEY SUITS Whether the plaintiff proves that the plaintiff is a registered partnership firm ? Whether the…
Model Issue : ISSUES RELATING TO LICENSE
ISSUES RELATING TO LICENSE Whether the plaintiff proves that the defendant was permitted to use the Suit property by way…
Model Issue : ISSUES RELATING TO ELECTRICITY SUIT
ISSUES RELATING TO ELECTRICITY SUIT Whether the plaintiff Board proves that Rs. ___________ are due form the defendant towards electricity…
Model Issue : ISSUES RELATING TO CONTRACT ACT SUIT
ISSUES RELATING TO CONTRACT ACT SUIT Whether the plaintiff proves that the defendant has executed an agreement for sale of…
Model Issue : ISSUES RELATING TO BANK SUITS
ISSUES RELATING TO BANK SUITS Whether the plaintiff bank proves that the plaint has been signed and verified by the…
Model Issue : ISSUES RELATING TO HINDU MARRIAGE PETITION
ISSUES RELATING TO HINDU MARRIAGE PETITION Whether the applicant proves that he/she is the legal wife/husband of the opponent ?…
Model Issue : ISSUED RELATING TO EASEMENT RIGHTS SUIT
ISSUED RELATING TO EASEMENT RIGHTS SUIT Whether the plaintiff proves that he has eight of way over the property of…
Advocate is not an Ordinary Person – Authors View – Vakilsaheb.org
Read our Message :- (Do Comment Your View in Comment Box) This Idea of Website www.vakilsaheb.org (Platform For Lawyers) Comes…
an agreement made by his client to pay his lawyer according to the result of the case
In Kothi Jairam vs Vishwanath the Supreme Court has held that an agreement made by his client to pay his…