Civil Procedure Code- Commission and Appointment of Commissioner (Section 75-78, Order 26)

What is the Commission under Civil Procedure Code.

Here is brief what..what..what about commission.


For what purpose commission can be appointed under Section 75?


Few details about each of above purpose.

Rule 1 to 8 of Order 26 of CPC deals with commission for examination of witness.

Rule 4 specifically states that when commission for examination of witness can be appointed.


Though appointment of commission is discretionary power, that power cannot be used in arbitrary manner. Sometimes it become practically impossible to get witness in a court,in such cases court go extra mile and goes to witness through commission

  Commission may be issued in below circumstances


Commission may be appointed for local investigation. For example court have to take measurement of different properties which are subject matter of suit. It will definitely a waste of court time if court take tapes and start measuring..!!

In such cases court may appoint commission for local investigation.

 

Appointment of commission in additional cases:



The power of the commissioner.

Below are the power of the commissioner:


That's an overview of commission under Civil Procedure Code


Legalfundaa

Comments

Post a Comment

Followers

Popular posts from this blog

Privileges and Immunities to Administration in Suits

Introduction You know government can enter into contracts. Government can start some business. It mean government can sue other people, or you can sue the government. Before you initiate a legal proceedings against government, or even after legal proceedings are initiated, there are some relaxations to government.( OK, we will use Government/Administration as per our discretion interchangeably in this post, but they will mean the same ). So, it might happen that to prove something you may need a document or evidence, but government may be given exemption to produce evidence in that regard. Let's take one example.  General law is that burden of proof is on prosecution. Meaning, the one who accuses other  needs to prove the crime/offence by other. But when government accuses you of Sedition, you have to prove your innocence, burden of proof is on YOU. This is scary, as many times government in power just accuses people of sedition who opposes their ideas/policies, and put oppone...
Read more

Legal History-Administration of Justice in Bombay (1668-1726)

Image
Story About Bombay In 1534, Portuguese acquired Bombay from Local Hindu Raja. Then Bombay was given to King Charles II as dowry in his sister's marriage to in 1661. In 1668 Bombay was given to rent to East India Company for a rent of 10  £ . By today's exchange it would be around 100 Rs. So  yes, Bombay was given on rent to East India Company for the price of 10 Vada-Pav. Administration of Bombay was subordinate to Surat back then. After renting it, company issued a charter in 1668 granting company some rights to make laws to deal with Bombay. Like Administration in Madras, development of Earlier administration could be studied in 3 stages. First Stage: 1670-1683 (Aungier Eara) During this period Bombay was subordinated to Surat. The Governor of Surat was ex-officio Governor of Bombay, though Bombay had Deputy Governor and Council. Gerald Aungier brought some changes in Administration of justice. Two plans, i.e plan of 1670 and plan of 1672 made progress in so...
Read more

Legal History-Madras Settlement (1639-1726)

British established it's first factory in Surat. As they expanded they established factories in other town such as Madras, Calcutta and Bombay. Francis Day got piece of land from Hindu king for the East India Company in 1639. East India Company got a town named as "Madraspatanam". (Don't tell this to UP CM Yogi, or else he will rename Madras). British Established fortified factory were Englishmen would stay. Till 1665, Madras was subordinate to Surat. Now town was divided into two divisions. In fortified area, Englishmen and European used to stay which was known as "White Town", whereas villagers stayed outside were known as "Black Town" Study of development of legal administration is divided into three stages. We can divide in as many stages as we want, provided we have certain distinguishing criteria for each division. Let's see each stage with some more details. First Stage-1639-1665 (Black town, white town, choultry court) Th...
Read more