The document discusses the provisions related to commissions under the Code of Civil Procedure (CPC) in Bangladesh. It summarizes the key powers of courts to issue commissions, the purposes for which commissions can be issued (e.g. to examine witnesses or conduct a local investigation), and the procedures involved as outlined in Order 26 of the CPC. These include rules regarding who can be examined via commission, the process for commissioners to conduct investigations and submit reports, and the evidentiary value of commissioners' reports.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
Common Oil and Gas Title Issues and How to Address ThemLisa McManus
As part of the "Fundamentals of Oil and Gas Law" CLE presented by the Pennsylvania Bar Institute on May 13, 2015, this program was intended to assist attorneys in determining the appropriate steps in addressing oil and gas title concerns of clients.
Expert on Company Law (LLB/CS) Advocate Ms. Prachi Manekar Wazalwar (Bombay High Court). National Company Law Tribunal, Slides and Lectures at ICAI (WIRC). National Company Law Appellate Tribunal. Corporate Restructuring, M&A, Company Petition. Company Law Board. (NCLT, NCLAT & CLB). Prachi Adv Prachi Manekar Wazalwar has authored 'Management of SEZ' and 'Insights Into The New Company Law' 2013.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Commission order 26
1. Commission
(Order 26 & Section 75-78)
• Section 75 to 78 of CPC deal with the powers
of the court to issue commissions &
• detailed provisions have been made in Order
26 of the Code
• The power of the court to appoint
Commission is discretionary & can be
exercised for doing full and complete justice
between the parties
2. Court may issue commission for
following purposes
(section 75)
i) To examine witnesses
ii) To make local investigation
iii) To adjust accounts
iv) To make partition
v) To hold investigation
vi) To conduct sale
vii) To perform ministerial act
3. To examine witnesses
(s. 76-78 & Order 26 Rules 1-8)
• As a general rule, Evidence of a witness should be
taken in open court & tested by cross-
examination
• Inability to attend court on grounds of sickness or
infirmity or detriment to the public interest may
justify issue of a commission
• The court has discretion to relax the rule of
attendance in court where witness resides
beyond the local jurisdiction of Court or any
other grounds which Court thinks sufficient.
4. Order XXVI
• There are 23 Rules in Order XXVI
• Rule 1: Cases in which Court may issue
commission to examine witness
• Rule 2: Order for Commission
• Rule 3: Where witness resides Court’s
jurisdiction
• Rule 4: Persons for whose examination
commission may issue
5. Order XXVI (26)
• Rule-5: Commission or Request to examine
witness not within Bangladesh
• Rule-6: Court to examine witness pursuant to
commission
• Rule-7: Return of commission with
depositions of witnesses
• Rule-8: When deposition may be read in
evidence
6. Order XXVI(26)
• Rule-9: Commissions to make local investigation
• Rule-10: Procedure of Commissioner
-Report & depositions to be evidence in
suit & Commissioner may be examined
• Rule-11: Commissions to examine or adjust
accounts
• Rule-12: Court may give Commissioner
Instruction, Proceeding & Report to be evidence
• Further Inquiry
7. Order 26
• Rule-13: Commission to make Partition of
Immoveable Property
• Rule-14: Procedure of Commission
• Rule-15: Expenses of Commission Paid to Court
• Rule-16: Powers of Commissioners
• Rule-17: Attendance & Examination of Witnesses
• Rule-18: Parties to Appear before Commissioner
8. Order XXVI
• Commissions issued @ the instance of Foreign Tribunal
• Rule-19: Cases in which HCD may issue Commission to
examine witness
• Rule-20: Application for Commission
• Rule-21: To whom Commission may be issued
• Rule-22: Issue, Execution & Return of Commissions &
Transmission of Evidence to Foreign Court
• Rule-23: Exclusion of Time Taken by Commissioner
9. Rule 1:Commission to Examine
Witnesses
• Any Court may in any suit issue a commission
for the examination on interrogatories or
otherwise
• of any person resident within the local limit
jurisdiction
• Who is exempted under this Code from
attending Court or
• Who is from sickness or infirmity unable to
attend it
10. Rule-2: Order for Commission
• An order for Commission may be made by
- the Court either of its own motion or
- On the application, supported by affidavit, of
any party of the suit or
- Of the witness to be examined
11. Grounds for issuing Commission
(Order 26)
i) If the witness resides within local jurisdiction of
Court & is exempted under the Code from
attending Court
ii) If he resides beyond the local jurisdiction of
Court
iii) If he is about to leave the jurisdiction of Court
iv) If he is government servant and can’t attend
Court without detriment to Public Service
v) If he resides out of Bangladesh & court satisfied
his evidence is necessary
12. Rule:5-Commission outside
Bangladesh
• Where any court to which application is made
• for the issue of Commission for the
examination of a person residing not within
Bangladesh
• is satisfied that evidence of such persons in
necessary,
• the Court may issue such commission or a
letter of request
13. Considerations for Issuing Commission
outside BANGLADESH
• The examination of Witness is material on any of
the issues raised in the Case
• Application for Commission is not delayed one &
it is not filed to delay or detract the Proceeding of
Court
• Applicant must satisfy the Court he has no control
over the witness & personal examination is not
possible
• No oppression on the applicant that he will not
be prevented from putting his case fairly before
the court at the trial
14. R.9: Commission for Local
Investigation
• Court may issue commission for purpose of
- Elucidating any matter in dispute or
- Ascertaining the market value of any property
- Any mesne profits or damages or annual net
profit
Report must be submitted within 3 months
Extension may be given on sufficient reasons
15. Object of Local Investigation
• To obtain evidence which from its very nature
can only be obtained on the spot
• Where Plot number & Khatian number are not
mentioned in Sale Deed executed before CS,
Local Investigation is necessary
• Where the suit land has not been properly
described & remains vague & unidentified,
Local Investigation should be held
16. When Local Investigation should held
• Court can on the application of a party to the
suit appoint a commissioner
- To take an inventory of account books
- To ascertain value of the suit property
- For ascertaining whether a deed relate to suit
land or
- Ascertaining the existence of some structure
on the suit land
17. When Local Investigation should NOT
be allowed
• Where the identity of suit property is not
challenged
• To ascertain skill of woman as a singer & her
way of life
• to report on a matter which must be decided
by court
• To ascertain who is on the possession of the
suit land
• To ascertain the violation of injunction order
18. Value & Admissibility of
Commissioner’s Report
• A commissioner’s report is evidence in the suit
and it is the duty of the court to consider it
before reaching conclusion
• Report and his deposition in Court both can
be considered
• Commissioner’s report is only evidence on the
points to which the commission refers
• Report is a piece of evidence which should be
considered along with other evidence
19. Functions & Duties of Commissioner
• To follow the direction of the Court and has no
authority to go beyond the direction
• Commissioner shall hold the investigation
after giving notice to concerned parties
• A party may examine the commissioner with
the permission of the court.
20. Commission to examine accounts
(Rule 11-12)
• Court may issue a commission for examination
or adjustment of accounts it thinks necessary
• Commissioner will determine the quantum of
the liability not the factum of liability
• Commissioner shall have the power to call
upon any parties to produce books of
accounts
21. Commission to Effect Partition
( Rule 13,14)
• Where a preliminary decree for partition is
passed,
• Court may issue a commission to make
partition according to the rights as declared in
such decree
• S/he shall divide the shares as per Preliminary
order
• Prepare & sign a report with share of each
party and submit it to Court within 3 months
22. Power & Duties of Commissioner in
Partition Suits
• Ascertain the partible properties
• Valuation of partible properties
• Allotment of shares as per preliminary decree
• After submission of report, parties should be
given opportunity to file objection against the
report & examine the commissioner
• After hearing objection, court may vary or set
aside the report on merit of the objection
23. Powers of Commissioner(R.16)
• Examine the parties & any witness and any
other persons whom Commissioner thinks
proper
• Call and examine the documents & other
things relevant to the subject of inquiry
• Enter upon or into any land or building
mentioned in order
• Entitled to record the demeanor of witnes