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1 - 4 of 4 (0.36 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Shamanna Setty vs B.L. Channegowda on 14 July, 2006
3. The second contention vehemently urged by
learned counsel for the petitioners that the order whereby the
Commissioner was appointed by the Court below did not
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authorize delegation of Commission powers to some other
persons and therefore, the report submitted by the delegate is
bad vide deligatus non protest protestas deligare, does not
come to his aid since it is not a Thumb Rule, especially when
the Commission work has been accomplished by the delegate
who is none other than a Junior Engineer and in the opinion
of this Court, he has competence to do commission work;
secondly, this Maxim lays down a general principle and
therefore, not in the absence of proven prejudice; the reliance
placed by the petitioners on Shamanna Setty Vs. B.L.
Channegowda, ILR 2006 KAR 3588 does not come much to
his aid since this aspect has not been discussed.
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