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Sanjay Gupta vs Amar Singh on 4 September, 2013 cites

Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005

15.The ld.counsel for the Lrs of the defendant has submitted that the Local Commissioner cannot be appointed without the consent of the defendant and the demeanour of the witnesses would remain unknown to the court. But, I do not find any force in such submissions of the ld.counsel for the Lrs of the defendant because the legislature has made the law and this court has to enforce the law in it's letter and spirit. The legislature has enacted the provision of order 18 rule (4) of CPC to expedite the adjudication and their S:75/08/95 Sanjay Gupta Vs Amar Singh 8 of 9 lordship of Supreme Court of India in cases titled as Salem Advocate Bar Association, T.N. vs Union Of India (2005) 6 SC Cases 344 is pleased to hold that the will of the legislature cannot be defeated and the Commissioner may record the remarks as it thinks material in respect of demeanour of any witness, while under examination.
Supreme Court of India Cites 50 - Cited by 1674 - T Chatterjee - Full Document

Bihar Census Employees Welfare ... vs Union Of India And Others on 16 August, 1990

13.From the perusal of the judgments passed by their Lordship of Supreme Court of India in cases Salem Advocate Bar Association, T.N. vs Union Of India, Bar Association, Batala and others vs UOI (2003) 1 SC Cases 49 and Salem Advocate Bar Association, T.N. vs Union Of India (2005) 6 SC Cases 344, it is clear that, as per provisions of order 18 rule 4(3) of CPC, this court is competent to appoint the Local Commissioner for recording of the evidence.
Supreme Court of India Cites 1 - Cited by 14 - Full Document

Smt. Pushpa Devi vs Smt. Bimla Devi And Ors. on 14 December, 1999

10.From the perusal of the judgment relied upon by the ld. counsel for the Lrs of the defendant in case titled as Smt Pushpa Devi vs Smt Bimla AIR 2000 Delhi 141 passed by their lordship of High Court of Delhi, it is clear that the same was passed prior to the amendment done in CPC, so the same is of no S:75/08/95 Sanjay Gupta Vs Amar Singh 3 of 9 help for the Lrs of the defendant.
Delhi High Court Cites 5 - Cited by 8 - S N Variava - Full Document
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