AI Overview...
- Commissioner Report Not Exhibited - Several cases emphasize that reports of Commissioners must be exhibited before the court to be relied upon; otherwise, reliance on such reports is untenable and cannot be considered in evidence. For example, in Shaik Fathima Bi VS Shaik Nanne Saheb (died) - Andhra Pradesh, the court held that reports not exhibited cannot be looked into, and in Om Parkash VS Ram Parkash - Punjab and Haryana, the report was not exhibited as no evidence was led by the parties. Similarly, in Ambalal Somabhai Patel VS Shahibaug Ayodhyanagar Co. Op. HSG Society Ltd. - Gujarat, reliance on the Commissioner’s report was rejected due to non-exhibition.
- Reliance on Exhibited Documents - When Commissioner reports are based on or supported by other exhibited documents (e.g., lease agreements), the court may consider such reports, provided they are properly exhibited. In National Insurance Company Limited VS Turner Morrison Limited - Calcutta, the court accepted the report because it was based on exhibited documents.
- Objections and Non-Examination - Filing objections to a Commissioner’s report does not suffice; failure to examine the Commissioner or to exhibit the report weakens its evidentiary value, as seen in B.SUBBA RAO & 5 OTHERS Vs KODAVATI SRI RAMAMURTHY & ANOTHER - Andhra Pradesh and B. Subba Rao VS Kodavati Sri Ramamurthy - Andhra Pradesh. The courts stress the importance of examining the Commissioner and exhibiting reports to establish facts.
- Legal and Procedural Requirements - Reports obtained without proper exhibition or examination are generally not admissible or relied upon by courts, as highlighted in H. R. MISHRA VS STATE - Gujarat and BHARGAVA P. VS SUPDT - Karnataka, where the absence of exhibition led to rejection of the reports’ evidentiary value.
- Implications for Court Proceedings - Courts require that reports, especially those of Commissioners, be properly exhibited and examined to be considered valid evidence. Failure to do so results in reports being disregarded, impacting the outcome of cases involving property disputes, encroachments, or administrative reports.
Analysis and Conclusion:
The consistent legal principle across these sources is that Commissioner reports must be exhibited and, ideally, the Commissioner examined in court to be admissible and relied upon. Without proper exhibition, such reports are generally deemed inadmissible, and courts cannot base judgments on them. This underscores the importance of procedural compliance in evidentiary matters involving Commissioner reports.
Search Results for "Commissioner Report Not Exhibited"
2005 0 Supreme(AP) 362 • India - Andhra Pradesh
P.S.NARAYANA
whether Commissioner examined as a witness or not - Hence contention of appellant that placing reliance on report of Commissioner ... of Commissioner cannot be looked into by Court unless same is exhibited or Commissioner is examined ... ... when same is not exhibited - Untenable ... Appellate Court as a final ... But on that ground alone, it cannot be said that the report of the Commissioner#HL_EN....
2023 0 Supreme(AP) 52 • India - Andhra Pradesh
BANDARU SYAMSUNDER
which is not exhibited before trial Court though Advocate-Commissioner report and plan are part and parcel of record - Appeal is ... for removal of alleged encroachments of links of site on the southern side and links of site on northern side basing on Surveyor report ... in dispute that relief which trial Court granted to plaintiffs is not supported by any pleading and trial Court itself observed ... In spite of filing objections to the Advocate-Commissioner #HL_STAR....
2016 0 Supreme(Cal) 399 • India - Calcutta
NISHITA MHATRE, TAPABRATA CHAKRABORTY
The Commissioner relied on other exhibited documents, including a registered lease agreement, to determine the gross rent. ... The Court also noted that the Commissioner had relied on other exhibited documents, including a registered lease agreement, to determine ... Final Decision: The Court dismissed the appeal, holding that the Commissioner's report was not vitiated by the consideration ... It would be explicit from the report itself that the Commissione....
1993 0 Supreme(P&H) 118 • India - Punjab and Haryana
ASHOK BHAN
This report had not been exhibited as no evidence had been led by the parties. ... Report of the Local Commissioner clearly indicates that material changes had been affected by the tenant in the building which could ... The compromise deed was exhibited as DH/1. ... This report had not been exhibited as no evidence had been led by the parties. ... Report of the Local Commissioner clearly indicates....
2023 Supreme(Online)(AP) 28015 • India - High Court of Andhra Pradesh
B SYAMSUNDER
In spite of filing objections to the Advocate-Commissioner report, who found encroachment of the plaintiffs’ site by the defendants in some other area, the plaintiffs have not chosen to examine the Advocate-Commissioner and not exhibited report and plan of the Advocate-Commissioner before the trial ... encroachments of 3 links of site on the southern side and 2 links of site on the northern side, basing on the Surveyor report, whic....
2022 0 Supreme(Guj) 975 • India - Gujarat
A. S. SUPEHIA
has not been exhibited and hence, such report could not have been placed reliance by the trial Court. ... There is another aspect, which requires to be considered is that the trial Court has also placed reliance on the report of the Commissioner dated 05.10.1988, wherein it is stated that there are two gift deeds of the property between the plaintiffs and the defendants however, the said report of the Commissioner ... The same are not#HL_EN....
1999 0 Supreme(Guj) 362 • India - Gujarat
KUNDAN SINGH
Gopalaswami dated 26.9.1983, Item No. 7 is the report of Handwriting expert, Item No. 6 is the opinion of hand writing expert & Item ... As such, regular inquiry in absence of preliminary inquiry is bad and is not sustainable in the eye of law. ... (a) Service & Employment - Departmental Inquiry - Not necessary to be proceeded by preliminary enquiry - It is open to employer to ... "when, however, the report was not at all exhibited in the case, nor was it referred to nor relied upon by....
• India - Madhya Pradesh
S.P.BHARGAVA, N.M.GOLVALKAR
The Court held that the interpretation of the grant by the Registrar of Public Trusts, Hoshangabad, was incorrect and not in accordance ... Then from the other order sheets it is clear that the Additional Deputy Commissioner submitted his report to the Deputy Commissioner who was the Registrar. What that report was has not been exhibited before us. ... True, the Deputy Commissioner heard the parties on receipt of that report but wha....
2018 4 Supreme 660 • India - Supreme Court
MADAN B.LOKUR, DEEPAK GUPTA
– Appellant litigating for several decades – Filing land grabbing case against respondents without any basis – Appellants could not ... establish their ownership over suit property – Description of land vague – No measurements ever taken – Boundaries not clear – Respondent ... We also find that this report was exhibited in Suit No.1095 of 1993 but it was not proved in evidence before the Special Court or even in Suit No.1095 of 1993. The Local Commissioner was not exa....
1982 0 Supreme(Kar) 230 • India - Karnataka
M.RAMA JOIS
The petitioners sought copies of the preliminary inquiry report for cross-examination, but their request was rejected. ... Disciplinary Proceedings - Police Department - Karnataka Police Act, S. 25(2) - The court found that the denial of the preliminary inquiry report ... Ratio Decidendi: The court held that the denial of the preliminary inquiry report for effective cross-examination violated ... "when, however, the report was not at all exhibited in the case, nor was it referred to, ....
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