Kerala High court Ruling on set-aside a commission report
5 years ago
is there any new Ruling on set-aside a commission report from Kerala High court?
ARPIT BATRA
Responded 5 years ago
A.Would be too complicated here. You can contact us directly.
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A.Dear Sir,
There will be so many judgments on each subject/topic and on sharing brief details of your case your advocate able to find out relevant Kerala High Court Judgment to set aside Commissioner’s Report. It can be set aside if the commissioner’s report is vague or biased.
For full procedure contact me on mobile through Vidhikarya.
There will be so many judgments on each subject/topic and on sharing brief details of your case your advocate able to find out relevant Kerala High Court Judgment to set aside Commissioner’s Report. It can be set aside if the commissioner’s report is vague or biased.
For full procedure contact me on mobile through Vidhikarya.
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A.Dear Mr.Parambirl,
Ref: Against The Order/Judgment In ... vs George on 27 October, 2011
Para 70
70. Hence, merely because the commission report is admitted in evidence, the court cannot act upon the same, treating that all the facts reported by commissioner as true especially if objection had been filed by party and the court failed to consider the same. It is also open to a party to satisfy the court that the report ought to have been remitted or set aside in the light of the objection raised, in which event the court shall not place explicit reliance upon the commission report to enter findings on disputed facts. Therefore, the dictum laid down in Mammeeriyakutty's case may not be understood to hold that if a party does not cross examine the commissioner, he will, under all circumstances be precluded from challenging the reliability of the facts reported in the commission report.
Shanti Ranjan Behera
Asvocate
Ref: Against The Order/Judgment In ... vs George on 27 October, 2011
Para 70
70. Hence, merely because the commission report is admitted in evidence, the court cannot act upon the same, treating that all the facts reported by commissioner as true especially if objection had been filed by party and the court failed to consider the same. It is also open to a party to satisfy the court that the report ought to have been remitted or set aside in the light of the objection raised, in which event the court shall not place explicit reliance upon the commission report to enter findings on disputed facts. Therefore, the dictum laid down in Mammeeriyakutty's case may not be understood to hold that if a party does not cross examine the commissioner, he will, under all circumstances be precluded from challenging the reliability of the facts reported in the commission report.
Shanti Ranjan Behera
Asvocate
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Rafeeq Cheriya Parambil
Replied 5 years ago
No what i have here there is ruling from High court of Kerala,
there is no provision to set-aside a commission report,
Could you help me to get its sight-ation
Rafeeq Cheriya Parambil
Replied 5 years ago
i mean citation
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