AI Overview...
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Report of Commissioner - Preparation and Submission
Main points: A commissioner’s report is prepared based on evidence, maps, and reports, and is submitted to the trial court, which then considers the report along with parties’ submissions before deciding on issues like encroachment or partition. The report’s preparation requires proper notice to parties; reports prepared without notice are often invalid. The final decree may depend on the commissioner’s report, and once accepted, it facilitates the execution of partition or other orders.
References: Prabhakar Bhagwantrao Mahajan VS Satyanarayan Shriwallabh Laddha & others - Bombay, Bohitaram Maval Puriya VS Chothmal - Rajasthan, Rabin Kumar Baishya Son of Late Pratap Chandra Baishya VS State of Assam - Gauhati, Kusum w/o Arvind Dhole VS Malti w/o Suresh Dhole - Bombay -
Notice and Service of Process
Main points: Proper service of notices is crucial for the validity of proceedings. Notices must be served on all relevant parties, and service without proper notice can render reports or proceedings invalid. For example, reports prepared without informing parties or serving notices properly are often set aside. Service should be done through recognized channels like registered post, and parties must be duly informed to ensure fairness.
References: Bohitaram Maval Puriya VS Chothmal - Rajasthan, DENA BANK VS REFRIGERATION AND AIRCONDITIONING ENTERPRISES - Delhi, C. Veerappa VS Chief Commissioner, Land Administration, Hyderabad - Andhra Pradesh -
Role of Parties and Hearing Opportunities
Main points: Parties must be given an opportunity of hearing before reports are finalized or orders passed. Reports prepared without notice or without allowing parties to be heard are subject to challenge. The court emphasizes the importance of procedural fairness in the preparation and consideration of reports.
References: Bohitaram Maval Puriya VS Chothmal - Rajasthan, Prabhakar Bhagwantrao Mahajan VS Satyanarayan Shriwallabh Laddha & others - Bombay, DENA BANK VS REFRIGERATION AND AIRCONDITIONING ENTERPRISES - Delhi -
Preparation of Reports and Finality of Orders
Main points: Once a commissioner’s report is accepted and incorporated into a decree, the decree attains finality, and subsequent steps like partition are carried out as per the report. However, reports must be prepared following proper procedures, including notice and opportunity to parties. Orders based on reports prepared improperly can be challenged and set aside.
References: Kusum w/o Arvind Dhole VS Malti w/o Suresh Dhole - Bombay, Rabin Kumar Baishya Son of Late Pratap Chandra Baishya VS State of Assam - Gauhati -
Additional Procedural Aspects
Main points: For certain proceedings, such as eviction or valuation, lists or reports should be publicly displayed for transparency. Service of notices must be verified, and authorities are advised to follow procedural norms strictly to avoid invalidation.
References: SOUTH CALCUTTA HAWKERS ASSOCIATION VS GOVERNMENT OF WEST BENGAL - Calcutta, RAJ KUMAR BHARDWAJ VS STATE OF U. P. - Allahabad
Analysis and Conclusion:
The preparation of a commissioner’s report is a critical procedural step in judicial proceedings involving partition, encroachment, or valuation. It must be conducted with proper notice to all parties and an opportunity for them to be heard. Reports prepared without adherence to these procedural safeguards are often invalid and can be challenged in court. Once accepted, such reports form the basis for final orders and decrees, which become binding and executable. Ensuring proper service and procedural fairness is essential for the legitimacy of reports and subsequent judicial decisions.
Search Results for "Report of Commisioner to be Prepared after Parties are Duly Served"
2004 0 Supreme(Bom) 413 • India - Bombay
S.T.KHARCHE
, if any, and then shall submit the report to the trial Court and the trial Court shall give opportunity of hearing to parties and ... It is not disputed that the parties did not prefer any application before the trial Court for appointment of a commissioner in view ... consider the evidence along with the map and report of the commissioner and decide the issue of encroachment on merits. ... the trial Court shall give opportunity of hearing to parties and consider the....
2008 Supreme(Online)(KER) 32546 • India - High Court of Kerala
Finding of the Court: The court found that notice was duly served and the final decree was based on comprehensive reports ... Issues: Whether the final decree was passed without proper notice to the parties involved. ... reports of the Commissioner affirming an equitable division. ... The impugned decree has been passed on the basis of Exts.C1 Commissioner's report and C2 plan prepared by the Taluk Surveyor apart from Ext.C3 plan prepare....
2012 0 Supreme(Raj) 1302 • India - Rajasthan
BELA M.TRIVEDI
appointed – The report was prepared by first local commissioner without giving any notice to the parties – second local commissioner ... are not present even after informing them second commissioner may prepare the report in there absence. ... It was held that a report which is prepared without informing the defendant can not be considered hence set aside – whereas if they ... It is always desirable that the #HL_ST....
• India - Gauhati
MANOJIT BHUYAN
move department concerned well before expiry of period detailing nature of allegations and reasons for which charges could not be prepared ... - Charges and statement of allegations should be served within from date of suspension and in case it is not reasonably practicable ... Charges and statement of allegations should be served within three months from the date of suspension and in case it is not reasonably ... The parties are left to bear their own costs. Records produced by the Mr. Bora are returned herewith. ... Ch....
1985 0 Supreme(Cal) 126 • India - Calcutta
D.K.SEN, A.K.SENGUPTA
The Surveyor recorded that he would prepare the valuation report of each lot after the final decision of the parties was received ... He prepared plans of partition and sent the same for approval of the parties on or about the 14th Sept. 1981. ... At a meeting held on the 23rd March, 1982, the parties approved the plan as prepared by the Surveyor but the plaintiff 1 and the ... Unless the parties had accepted the scheme of partition and the valuation....
2022 0 Supreme(Bom) 416 • India - Bombay
BHARATI H.DANGRE
of Commissioner - Upon execution of said report, decree will attain finality and a ministerial act of drawing final decree remained ... of Commissioner being executing by effecting partition in terms of his report - Merely because proceedings are carried out in another ... to effect partition in terms of his judgment, upon report being accepted, partition is directed to be effected in terms of report ... The report so prepared under the signature of ....
2000 0 Supreme(Del) 705 • India - Delhi
S.K.AGARWAL
and were duly served — Defendant No. 1 deemed to have been served. ... Civil Procedure Code, 1908 - Order 30 Rule 3 — Suit for recovery Along with pendent lite interest — L/C prepared inventory of the ... defendant No. 1 Defendant No. 223 proceeded exparte — Suit is not in the name of firm alone — partner have also been imp leaded as parties ... Inventories of goods lying at factory as well as at the office premises were prepared. The proceedings were duly signed by t....
1996 0 Supreme(Cal) 473 • India - Calcutta
BHAGABATI PRASAD BANERJEE, VIDYA NAND
List of hawkers evicted or to be evicted should be prepared and hanged in a conspicuous place. ... Whether list of hawkers evicted or to be evicted should be prepared and hanged in a conspicuous place? 10. ... . - List of hawkers evicted or to be evicted should be prepared and hanged in a conspicuous place. - State Government may set up ... For this purpose a list of hawkers evicted or would be evicted would be prepared and be hanged up in a conspicuous place of the streets from where hawkers were evicted and also to be ....
2007 0 Supreme(AP) 551 • India - Andhra Pradesh
G.S.SINGHVI, C.V.NAGARJUNA REDDY
remit the matter back to the competent authority for deciding the question of valid service of notice afresh after hearing the parties ... In this case, a Process Server served the notice upon the wife of the holder. ... served on him appellate authority held that the notice was not properly served because it was not sent by registered High Court ... The Commissioner (ROM), in the office of Chief Commissioner, Land Administration, Andhra Pradesh (hereinafter referred ....
2018 0 Supreme(All) 1448 • India - Allahabad
SALIL KUMAR RAI
have mechanically relied merely on reports prepared and submitted by Additional Commissioner (Stamp) and Deputy Registrar – Therefore ... 1899 – Section 47-A – Stamp duty – Objections and praying that either Collector may himself inspect plots or he may call for a report ... case without deciding application – While passing orders (deficiency in stamp duty and imposed penalty) Collector and Additional Commissioner ... It is evident from the orders dated 22.11.2012 and 28.2.2013 that while passing the af....
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