# issuing the commission

- **Citation:** C.L. No. 52
- **Court:** Allahabad High Court
- **Decided:** 1972-05-05
- **Case number:** C.L. No. 52
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/issuing-the-commission-163157
- **Pages:** 1

## Text

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unsatisfactory the question of omitting his name from the next year's list should be
considered.

Complete directions should always be given to the commissioner at the time of
issuing the commission.
C.L. No. 52 dated 5th May, 1972

Names of only those persons should be entered in the list of survey
commissioners under rule 66(1) General Rules (Civil) who possess a good knowledge of
survey work and can make measurements properly. There should be no hesitation on the
part of the presiding officers in recommending the removal of the name of a survey
commission satisfactorily. In case survey cannot be done by the advocates or the Amins,
there should be no hesitation in issuing the commission to a qualified person even though
his name is not on the list.
Examination of transferred Medical Officers
G.L. No. 19/48-75 (a) dated 20th June 1931 read with
G.O. No. 2470/VI dated 20th June, 1931

A medical officer who has been transferred to another district should not as a
matter of course be re-called to give evidence in his old district, but should be examined
on commission unless his personal appearance is considered absolutely necessary.
Examination of Finger-Print expert
C.L. No. 121/VIII-f-8 dated 8th December, 1951 read with
C.L. No. 9 dated 24th May, 1909
Delay in the execution of commission for the examination of finger- print expert
is generally caused by-
(a)
the treasury chalan showing that the party concerned has deposited the fee
of the expert, not reaching the Lucknow Court in time:
(b)
The amount deposited being less than that prescribed under paragraph
82(b) (8) of the U.P. Finger and Foot Print Manual.
(c)
The Commissioner's fee not reaching the Lucknow Court in time: or
(d)
The interrogatories not being sent along with other papers for the
execution of the commission
In order to obviate such delays while issuing such commission the presiding
officer should see that the Commissioner's fee and the treasury challan relating to the
deposit of the expert's fee reach the court to which the commission is issued for
execution in good time. In a case in which an open commission is not issued the court
issuing the commission should also take care to forward the interrogatories and the cross-
interrogatories if any, along with the other papers.
An additional sum of Rs. 3 should also be sent along with the commission to meet
the conveyance charges of the commissioner in addition to his fee as prescribed under
rule 66 (4) Chapter III of General Rules (Civil), 1957. An extract from Government
notification no. I/III-B-79-49, dated the 23rd May, 1949 prescribing fees for the