AI Overview...
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Consignment Report Not Filed - The court can presume service of notice in the ordinary course if sent via consignment, and the receipt date of notices (including consignment reports) is significant in legal proceedings. Even if the consignment report is missing, courts may draw legal presumptions regarding service. The Allahabad High Court and Supreme Court emphasize the importance of receipt dates but recognize that non-filing of reports does not necessarily invalidate service. Top Filling Point Proprietor Rakesh Agrawal VS State of U. P. - Allahabad
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Report by Advocate Commissioner - Reports filed by Advocate Commissioners are considered in proceedings, especially regarding land or property inspection (e.g., cart tracks). Defendants' objections to such reports may be rejected if not filed timely, and reports can be used to identify disputed areas. Courts have upheld reports even when petitions to appoint new commissioners are filed but not entertained. Periyana Gounder (Died) VS Kumarasamy - Madras, Kandasamy & Others VS Kolandasamy - Madras, Sakthivel VS Paianisamy - Madras
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Non-Submission of Final Investigation Reports - When investigation agencies fail to file final reports within statutory timelines, it hampers case progression. Such delays may lead to seeking bail or other relief, but the absence of final reports can also indicate insufficient evidence. Courts recognize the importance of timely reporting for case advancement. Raghav Rajan VS State of Kerala, represented by Public Prosecutor, High Court of Kerala - Kerala, Vijayakumar Vs The Director - Madras
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Suit for Injunction and Easement Rights - In cases involving cart tracks or easements, the filing of reports by Commissioner helps establish the existence of a track. However, for a suit claiming easement rights, the plaintiff must prove ownership and right; mere identification of the track isn't sufficient. Suitability for injunction depends on whether easementary rights are established, not just on the existence of the track. Kandasamy & Others VS Kolandasamy - Madras, Kaliappa Gounder VS M. Velusamy - Madras
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Service and Notice via Track Reports and Affidavits - Proper service can be evidenced through track reports and affidavits of service. Courts have emphasized that ex parte orders should be avoided unless service is duly established, such as through registered post or track reports. Failure to serve properly can lead to dismissal of applications. Mohd. Ameer vs S. Jayarani - Telangana, Shanti Dey @ Santi Dey VS Suvodeep Saha - Calcutta
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Criminal Final Reports and Cognizance - Filing of final reports in criminal cases does not automatically lead to cognizance; courts may delay or withhold cognizance based on other procedural considerations. The timing of final report filing is crucial but not solely determinative of case progression. Vijayakumar Vs The Director - Madras
Analysis and Conclusion:
Track reports, whether consignment, inspection, or service affidavits, play a vital role in establishing service, possession, or facts in civil and criminal cases. Courts rely on these reports to presume service, identify disputed property, or assess evidence, but the absence or delay in filing such reports can impact case proceedings. Proper procedures for service and timely filing of reports are essential to uphold the integrity of legal processes.
References: - Top Filling Point Proprietor Rakesh Agrawal VS State of U. P. - Allahabad - Periyana Gounder (Died) VS Kumarasamy - Madras - N. V. KRISHNAN KUTTY VS UNION OF INDIA (UOI) - Orissa - Raghav Rajan VS State of Kerala, represented by Public Prosecutor, High Court of Kerala - Kerala - Kandasamy & Others VS Kolandasamy - Madras - Vijayakumar Vs The Director - Madras - Kaliappa Gounder VS M. Velusamy - Madras - Mohd. Ameer vs S. Jayarani - Telangana - Shanti Dey @ Santi Dey VS Suvodeep Saha - Calcutta
Search Results for "Track Report Not Filed"
2023 0 Supreme(All) 1371 • India - Allahabad
JYOTSNA SHARMA
consignment report was not filed, the court could presume service of notice in the ordinary course of business if it was sent by ... The court found that the trial court had drawn a presumption of law regarding the service of the demand notice, and even if the track ... judgments of the Allahabad High Court and the Supreme Court to establish that the date of receipt of notice is important, but it is not ... In my opinion, even if the track consignment report is #HL_ST....
2021 0 Supreme(Mad) 2448 • India - Madras
R.PONGIAPPAN
Further, in respect to Report filed by learned Advocate Commissioner, defendants had not filed any objection. ... – Held, The report filed by learned Advocate Commissioner narrates fact that on Southern side of suit cart track, defendants are ... Though defendants filed petition to appoint another Advocate Commissioner, same was not entertained by trial Court and against which ... Further, in respect to the Report ....
2009 0 Supreme(Ori) 988 • India - Orissa
B.S.CHAUHAN, B.N.MAHAPATRA
The petitioner filed objections to the inquiry report, which were not considered, and a punishment order was passed. ... The petitioner, an employee, was served with a charge-sheet for non-inspection and supervision of the maintenance of the Railway Track ... Issues: The issues raised by the petitioner were not adjudicated upon by the Tribunal. ... No. 633 of 2004, by which the Tribunal restrained the Opposite Parties to proceed with fresh inquiry but permitted to conclude the earlier inquiry from the ....
2014 0 Supreme(Ker) 255 • India - Kerala
K.RAMAKRISHNAN
Since the investigation agency could not file the final report within 90 days, he filed criminal M.P.No.5426/2013, seeking bail under ... filed, and the police could not get materials to substantiate their case. ... ... Though investigation was in progress, no final report has been ... Though investigation was in progress, no final report has been filed, and the police could not get materials to substantiate their case. They also ....
2005 0 Supreme(Mad) 1784 • India - Madras
S.ASHOK KUMAR
Specific Relief Act (XLVII of 1963), Sec.38 - Suit for bare injunction in respect of a cart track - No specific relief for easementary ... right claimed - Such suit is maintainable but declaratory relief is not sought for - Relief of permanent injunction can be granted ... An Advocate Commissioner was appointed and he inspected the disputed cart track twice and he was able to identify the cart track and filed a report about the existence of the cart track. ... In is #....
2023 Supreme(Online)(MAD) 26984 • India - Madras High Court
Honourable Mr Justice G.R.SWAMINATHAN
his passport, as the final report had been filed and not taken cognizance of till date. ... The final report in the case was filed in 2019, but cognizance was not taken till the date of the hearing. ... Issues: Whether the petitioner's involvement in a criminal case, where the final report was filed but not taken cognizance ... Side) appearing for the fifth respondent submitted that final report was #HL_START....
2018 0 Supreme(Mad) 1825 • India - Madras
T.RAVINDRAN
Report Not Conclusive - Plaintiff's Case Not Established Fact of the Case: The plaintiff filed a suit for declaration ... Second Appeal - Suit Cart Track - Not Impleading Land Owners - No Easementary Right Established - Exs.A1 to A3 Not Useful - Commissioner's ... plaintiff's failure to implead land owners and establish easementary right, coupled with the inadequacy of sale deeds and Commissioner's report ... In this matter, the Advocate Commissione....
2024 Supreme(Online)(TS) 5886 • India - High Court of Telangana
NAMAVARAPU RAJESHWAR RAO, J
to the revision petitioner, leading to an ex parte order - The respondent failed to file for substitute service after notice was not ... Paras 3-6) ... ... (B) Ex parte proceedings - The court emphasized that ex parte orders should not ... Learned counsel for the respondent submitted that the respondent served the notice on the revision petitioner through RPAD, and he filed a Memo along with a track report. 5. ... A perusal of the docket order, dated 27.12.2023 of the trial Court goes to show that Mem....
2018 0 Supreme(Cal) 355 • India - Calcutta
PATHERYA, RAJASEKHAR MANTHA
interim order was based on the potential interruption of a project and the balance of convenience and inconvenience, which did not ... The respondent has taken the risk to not appear before us in spite of being served as will appear from the Track Report and the affidavit of service filed. Therefore, this application need not be pursued and CAN 10852 of 2016 is disposed of. ... This appeal has been filed from the order dated 16th August, 2016. By the said order the ap....
2009 0 Supreme(Mad) 4818 • India - Madras
M.VENUGOPAL
appointment of an Advocate Commissioner to inspect the suit property and submit an additional report along with a plan. ... Fact of the Case: The petitioner filed a civil revision petition against the order dismissing the application for the ... As far as the present case is concerned it is not denied that earlier I.A.No.971 of 2007 has been filed by the revision petitioner/plaintiff for appointment of Commissioner to measure the suit Cart Track and the petitioner has not f....
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