AI Overview...
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Right to File for Local Inspection Anytime - A party can request a commission for local inspection at any stage of the proceedings, even before the filing of written statements, especially when immediate inspection is necessary to prevent delays or gather crucial evidence Ambrose @ Lalan VS Yesudas - Kerala, John VS Kamarunnissa - Kerala, Rajam Abraham VS Shantha - Madras.
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Court’s Authority and Timing - Courts have inherent authority under the Civil Procedure Code to issue commissions for local inspections at any point during the trial, including before the defendants file written statements, provided the need for inspection arises promptly after knowledge of the suit John VS Kamarunnissa - Kerala, Rajam Abraham VS Shantha - Madras.
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Urgency and Expediency - When a defendant learns of a suit or receives summons, they can request a local inspection immediately. The inspection data collected by the commissioner is vital and cannot be replaced by oral evidence, underscoring the importance of timely application for commissions Rajam Abraham VS Shantha - Madras.
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Previous Inspections and Repetition - Courts may deny fresh commissions if previous inspections are deemed sufficient, especially to avoid unnecessary delays. Repeated inspections without new grounds are generally not entertained A A GEORGE vs DEVARAJ SAMBASIVAN - Kerala.
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Jurisdiction and Authority of Commissions - Courts, including Consumer Disputes Redressal Forums, have the inherent power to issue commissions for local inspection, which is essential for fact-finding and ensuring justice P AND N CERAMICS (PAN MARKETING) Vs ISSAC SEBASTIAN - Kerala.
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Supervisory and Procedural Aspects - Under constitutional and procedural provisions, courts have supervisory jurisdiction to appoint commissioners and ensure fair procedures, including the appointment of Advocate Commissioners for site inspections MONIKUTTY JOSE Vs P.C.MATHEW - Kerala.
Analysis and Conclusion
The sources collectively establish that parties can file applications for local inspections at any stage of legal proceedings, and courts possess the inherent authority to issue such commissions promptly when necessary. This power is crucial for effective fact-finding, especially when immediate inspection can influence the case outcome. Repeated or unnecessary inspections are generally discouraged unless justified by new circumstances. Overall, the legal framework supports the principle that applications for local inspections can be made at any time to facilitate justice Ambrose @ Lalan VS Yesudas - Kerala, John VS Kamarunnissa - Kerala, Rajam Abraham VS Shantha - Madras, A A GEORGE vs DEVARAJ SAMBASIVAN - Kerala, P AND N CERAMICS (PAN MARKETING) Vs ISSAC SEBASTIAN - Kerala, MONIKUTTY JOSE Vs P.C.MATHEW - Kerala.
Search Results for "Commission to Make Local Inspection can be Filed at any Time"
2009 0 Supreme(Ker) 251 • India - Kerala
K.T.SANKARAN
an application for appointment of a Commissioner for local inspection of the property - Defendants stated that while constructing ... to the plaintiffs or the defendants - The application was opposed by the plaintiffs - Held, Defendant's right to take an urgent commission ... cannot be defeated on the ground that he has not filed written statement - Writ Petition dismissed. ... For that it would necessarily take time. When defendant receives summons of a case or comes to know of a suit instituted agains....
1987 0 Supreme(Ker) 309 • India - Kerala
PAREED PILLAY
Commission - Civil Procedure Code - The court has the authority to issue a commission for local inspection even before the defendants ... Fact of the Case: The plaintiff challenges the order allowing a commission for local inspection, arguing that the defendants ... have not filed a written statement and therefore no dispute existed at the time when the commission application was allowed. ... For that it would ne....
1993 0 Supreme(Mad) 681 • India - Madras
THANGAMANI
For that it would necessarily take time. When defendant receives summons of a case or comes to know of a suit instituted against him he can immediately rush to the court and ask for a commission to be deputed to make local inspection. ... And no oral evidence can substitute the data gathered during inspection by the Commissioner. While so, it is far-fetched to say that the trial court has erred in allowing the commission application. ... 6. ... Kamarun-nisa, A.I.R. 1....
2020 Supreme(Online)(KER) 23949 • India - High Court of Kerala
R. NARAYANA PISHARADI, J
has been preferred from the side of the plaintiff to make a local inspection. ... At the time of institution of the suit, the plaintiff had not applied to take out a commission for local inspection. In the plaint and in the affidavit in support of I.A No. 984/2017, it was contended that the plaint schedule property is still in the possession of the plaintiff. ... If the plaintiff was in possession of the shop room in the plaint schedule property as on the date of inst....
2024 Supreme(Online)(DEL) 29827 • India - High Court of Delhi
SACHIN DATTA, J
... ... Result: The court directed the MCD to ensure compliance with regulations and appointed a Local Commissioner for inspection ... regarding the removal of commercial activities - The court found the allegations serious enough to warrant the appointment of a Local ... ... ... Findings of Court: ... The court appointed a Local Commissioner to inspect the properties and verify the allegations of ongoing ... The concerned SHO is also directed to remain present at the time of inspection#HL....
1999 0 Supreme(All) 826 • India - Allahabad
R.H.ZAIDI
The contesting respondents having utterly failed to prove their case, there was no occasion for issuing commission to inspect the ... The contesting respondents having utterly failed to prove their case, there was no occasion for issuing commission to inspect the ... Whether the revision filed by the contesting respondents was legally maintainable? 4. ... On behalf of applicants, application for issuance of the commission to make local inspection of the building in qu....
2018 0 Supreme(All) 1736 • India - Allahabad
SANGEETA CHANDRA
Issues: The admissibility of evidence on affidavit, the issuance of Commission for local investigation, and the interpretation ... affidavit, and for issuance of Commission. ... The judgment emphasized the importance of considering evidence filed through affidavit and the need for Commission to elucidate the ... in favour of issuing Commission for local inspection. ... as by issuance of a Commission the vital aspect involved in the....
2021 Supreme(Online)(KER) 47980 • India - High Court of Kerala
P. B. Suresh Kumar, J
The petitioners argued that the Commission lacked jurisdiction to issue a commission for local inspection under the Consumer Protection ... Issues: Whether the District Consumer Disputes Redressal Commission has the jurisdiction to issue commissions for local inspection ... Ratio Decidendi: The court concluded that the Commission possesses inherent powers to issue commissions for local #HL_START....
2018 Supreme(Online)(KER) 18244 • India - High Court of Kerala
ALEXANDER THOMAS, J
for local inspection, emphasizing that previous findings were sufficient and the petitioner was attempting to delay the proceedings ... Issues: Whether the trial court's rejection of the application for a fresh commission was justified given the previous inspections ... addressed the necessary aspects and that granting a new inspection would unnecessarily prolong the trial. ... The order under challenge is the one at Exhibit-P7 whereby the application made by the petitioner for appointing a fresh #HL_S....
2009 Supreme(Online)(KER) 11935 • India - High Court of Kerala
S.S.SATHEESACHANDRAN, J
Commission - Pathway Rights - Article 227 - Summary of the provisions related to the appointment of Advocate Commissioners and ... local inspections, emphasizing the court's supervisory jurisdiction under Article 227 of the Constitution, ensuring fair procedure ... Fact of the Case: The plaintiff sought to challenge an order appointing a second Advocate Commissioner for a site inspection ... While allowing the commission application of the defendant, a different commissioner other than the one who con....
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