AI Overview...
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Court-Ordered Land Measurement - The role of a Court Commissioner in land measurement is well-established, often acting under specific court orders to accurately measure and locate land boundaries. Such Commissioners are typically appointed under provisions like Order 26 Rule 13 of the Civil Procedure Code and are responsible for submitting measurement reports that inform judicial decisions K M SANTHAMMA vs PURUSHOTHAMAN (DIED - Kerala, Khajabhai s/o. Abdula Sahab Lukade & others VS Mohammed Ishaq s/o. Abdullasaheb Lukade & others - Bombay.
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Authority and Procedure - The appointment of Commissioners for land measurement is generally initiated by courts or subordinate officers (e.g., Tahsildars), with the process involving formal orders and adherence to prescribed norms and guidelines issued by authorities like the Commissioner of Land Administration Stella .P Vs The District Collector - Madras, S. Singa Reddy VS K. Ramachandra Reddy - Andhra Pradesh.
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Scope and Limitations - While the Commissioner’s report is crucial, courts typically rely on these reports for factual determination, and interference is minimal unless procedural irregularities or errors are evident. The reports are considered based on the evidence and instructions provided, with courts emphasizing accuracy and adherence to legal protocols Khajabhai s/o. Abdula Sahab Lukade & others VS Mohammed Ishaq s/o. Abdullasaheb Lukade & others - Bombay, VIJAYAMMA vs K.V.MATHAYI - Kerala.
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Legal and Procedural Context - Courts have clarified that Commissioners act as agents of the court, and their measurement reports are integral to property disputes, boundary determinations, and partition proceedings. The process must follow statutory guidelines, and the Commissioners' findings are subject to judicial review for compliance and correctness K M SANTHAMMA vs PURUSHOTHAMAN (DIED - Kerala, Khajabhai s/o. Abdula Sahab Lukade & others VS Mohammed Ishaq s/o. Abdullasaheb Lukade & others - Bombay.
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Additional Insights - In some cases, the courts have highlighted that Commissioners’ reports are based on their measurements and observations, which are generally accepted unless challenged convincingly. The appointment and functioning of Commissioners are guided by judicial discretion and administrative instructions to ensure procedural fairness Stella .P Vs The District Collector - Madras.
Analysis and Conclusion
The duty of a Court Commissioner to measure land as per court order is a procedural and judicial function rooted in statutory provisions and court rules. Commissioners are appointed to ensure accurate measurement, which is essential for resolving land disputes, boundary clarifications, and partition cases. Their reports serve as vital evidence, and courts rely on these measurements to make informed decisions. Proper adherence to legal procedures and guidelines ensures the integrity of the measurement process, reinforcing the Commissioner’s role as an impartial agent of the court K M SANTHAMMA vs PURUSHOTHAMAN (DIED - Kerala, Khajabhai s/o. Abdula Sahab Lukade & others VS Mohammed Ishaq s/o. Abdullasaheb Lukade & others - Bombay.
Search Results for "Duty of Court Commissioner to Measure the Land as Per Court Order"
2006 0 Supreme(Bom) 1890 • India - Bombay
S.A.BOBDE, R.M.LODHA
Constitutional imperative on State Government and Municipalities - To ensure and safeguard proper environment - To take adequate measure ... There is no delegation of authority by the Municipal Commissioner to the City Engineer. ... duty. ... Section 68(2) of the BPMC Act does not improve the case as there is nothing on record to show that the Commissioner has empowered the Assistant Commissioner in this regard by written order after obtaining approval from the Standing Committee. ... ....
• India - Consumer
K.R.RAMASWAMY IYENGAR, SUDHA V.REDDY, R.G.DESAI
about the allotment of the marginal land in 1983. ... Finding of the Court: The court held that the complaint was barred by limitation as it was filed more than three years ... after the complainant came to know about the allotment of the marginal land in 1983. ... In the order of Allotment of the marginal land, it is nowhere stated that the Western side of the site allotted to the complainant including the marginal land should measure 118’6”. ... ....
2001 0 Supreme(Mad) 376 • India - Madras
V.BAKTHAVATSALU
trial court based on materials available on the record-Order passed by trial court confirmed. ... Tamil Nadu Survey and Boundaries Act, 1923-Sections 13 and 14-Code of Civil Procedure, 1908-Order 14, Rule 2-Preliminary issue-Lower ... Court holding determination of preliminary as a fixed question of fact and law-No interference required in the findings given by ... The High Court in the common order has held that the Commissioner should mea....
2005 0 Supreme(AP) 977 • India - Andhra Pradesh
P.S.NARAYANA
on the file of Junior Civil Judge, Lakkireddipalle, filed for appointment of Commissioner for the purpose of measuring and locating ... – It is needless to say that the learned Judge to take further steps at an early date as expeditiously as possible to appoint a Commissioner ... Code of Civil Procedure – Section 115 – Rule 9 Order XXVI – Appointment Issue – The petitioners, the defendants ... W. 1 himself deposed that he has no objection for appointment of Commissioner to measure the land#HL_....
1990 0 Supreme(Pat) 367 • India - Patna
S.B.SINHA, SATYESHWAR ROY
The High Court cannot declare non existant measure to be existent. ... It appears that the High Court while holding a law order to be ultra vires cannot declare that it will remain intra vires and operative ... in respect of land-a land revenue within the meaning of Entry 45 or Entry 49 of List II would mean a revenue in respect of land ... Is Court entitled to look to other provisions of the Cess Act to ascertain the nature of the tax? ... 47. In #....
• India - Madras High Court
G.R.SWAMINATHAN, J
the norms and guidelines prescribed by the Commissioner of Land Administration. ... The discretion of the Tahsildar is circumscribed by these administrative instructions which may be issued, from time to time, by the Commissioner of Land Administration. C. ... They, however, bind the Tahsildar as a measure of ensuring administrative discipline and securing consistency in decision-making. ... No. 581 Revenue Department dated 03.04.1987 casts a duty on ....
1948 0 Supreme(SC) 57 • India - Supreme Court
LORD MACDERMOTT, LORD SIMONDS, LORD OAKSEY, SIR MADHAVAN NAIR, LORD NORMAND
purposes, involving some measure of cultivation, skill, and labor. ... naturally and without the intervention of human agency, even if the land was assessed to land revenue, was not agricultural income ... Finding of the Court: The court found that income from the sale of forest trees and malikana was not agricultural income ... Commissioner of Income-Tax ... 173 ... assistance is to be got from the meaning ascribed to the word " agriculture" in other statutes and (2.) that, though....
2013 Supreme(Online)(KER) 2519 • India - High Court of Kerala
N.K.BALAKRISHNAN, J
The trial court dismissed plaintiffs' request for boundary fixation and injunction. ... Boundary - Property Law - N/A - The court examined the validity of assignment deeds and access rights to property in determining ... It emphasized the importance of accurately establishing property boundaries and the necessity for clear evidence when disputing land ... PW3 is the advocate commissioner, who prepared Exts.C1 and C2. PW4 is the Taluk Surveyor who was stated to have assisted PW3 to measure the property a....
2023 Supreme(Online)(KER) 8460 • India - High Court of Kerala
C.S. DIAS, J
by an Advocate Commissioner. ... Ratio Decidendi: The court held that the Judge did not err in dismissing the application as the Advocate Commissioner acted ... Property - Suit for Declaration - Article 227 List - The court reiterated the role of Advocate Commissioners, outlined jurisdictional ... The respondents 2 to 4 have raised the contention in the written statement that there is puramboke land within the plaint schedule property. Hence, the Court directed the p....
1991 0 Supreme(Bom) 317 • India - Bombay
N.P.CHAPALGAONKER
Record or any Officer subordinate to him to measure the land and submit a report proposing the partition, such Cadastral Surveyor ... or the measurement officer is nothing more than a Commissioner appointed under Order 26 Rule 13 of the Code of Civil Procedure. ... It is true that normally a report to the commissioner in a partition decree need not be interfered into because the report is based ... Commissioner that since the order of the Tahsildar is taken to be #HL_....
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