Legal World By Shivanshu Katare

  Order XXVI of the Code of Civil Procedure, 1908 deals with Commissions —a procedural mechanism through which courts delegate specific fact-finding, evidence recording, investigation, or ministerial functions to a Commissioner when such acts cannot conveniently be performed by the Court itself. The object of Order XXVI is: To ensure effective administration of justice To prevent delay To assist the Court in fact-finding To preserve evidence To secure convenience of parties and witnesses I. COMMISSIONS TO EXAMINE WITNESSES (Rules 1–8) 1. Rule 1 – When Commission May Be Issued (Within Jurisdiction) A Court may issue a commission to examine: A person exempt from personal appearance under CPC A person unable to attend due to sickness or infirmity Important Points: Examination may be on interrogatories or otherwise. Commission on interrogatories requires reasons to be recorded. Medical certificate of registered medical practitioner may be accepted without examining the doctor. Object: ...

Public Nuisance and Representative Suits I. INTRODUCTION The Code of Civil Procedure, 1908 recognises that certain civil wrongs affect the public at large rather than individual rights alone. To address such collective grievances, the CPC provides two important procedural mechanisms: Section 91 CPC – dealing specifically with public nuisance and other wrongful acts affecting the public . Order I Rule 8 CPC – providing the machinery for representative suits , where numerous persons share the same interest. Together, these provisions ensure access to justice, prevent multiplicity of suits, and protect collective civil rights even where no individual special damage is proved. II. SECTION 91 CPC – PUBLIC NUISANCE AND OTHER WRONGFUL ACTS A. Textual Overview Section 91 permits institution of a civil suit in respect of: A public nuisance , or Any wrongful act affecting or likely to affect the public The suit may seek: Declaration Injunction Or any other appropriate relief Such a suit may ...

  Section 17 – Documents of Which Registration is Compulsory I. INTRODUCTION AND OBJECT OF SECTION 17 The Registration Act, 1908 was enacted to provide certainty, publicity, and authenticity to transactions affecting immovable property. Section 17 lies at the heart of the Act, as it specifies which documents must be compulsorily registered in order to have legal effect. Registration serves multiple purposes: Prevention of fraud by ensuring public notice of transactions. Protection of titles and reduction of disputes. Maintenance of public records concerning rights in immovable property. Ensuring certainty in property transactions . Section 17 enumerates documents which must be registered , failing which they become inadmissible in evidence under Section 49 of the Act and do not affect immovable property . II. SCOPE AND APPLICABILITY OF SECTION 17 Section 17 applies to: Documents relating to immovable property Property valued at ₹100 and above Documents executed after the com...