Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and injunction - Amendment seeking relief of specific performance after 11 years of filing of suit - Amendment allowed - Relief of specific performance was available on the date of filing of suit but was not claimed - Held, relief claimed by way of amendment when barred by law of..........
Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Order 8, Rule 6 -- Suit as well as counter claim dismissed - Plaintiff filed appeal against dismissal of suit - Defendant cannot question the correctness of dismissal of counter claim by way of cross objections - Counter claim for all intent and purposes is a suit and dismissal of same gives rise to..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), Indian Penal Code, 1860, Section 342, 364, 363, 366, 506, 302, 201 -- Juvenile - Bail - Offence u/ss 342, 364, 363, 366, 506, 302 & 201 IPC - Accused declared a juvenile - Bail application filed by accused forwarded to Juvenile Justice Board for disposal - Plea of accused that Sessions Judge is..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land by Govt. for public purpose - As per Govt. policy, all joint owners of any one Khata entitled to only one plot as a rehabilitation measure - Held, policy making restrictions of allotment of one plot to a joint Khata holder is arbitrary, irrational, having no reasonable nexus with objective intended to be..........
Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........
Banking Regulation Act, 1949, Section 6, 21, 35A -- Guideline issued by RBI, Dt.13.07.2005 - Assignment of debts, which are assets of assignor - Held, bank can always transfer its assets - It will not affect right or interest of customer (borrower) - B.R.Act 1949 does not carry and prohibition on transferring assets inter se bank - Assignment of debts does not amount to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought before framing of issues i.e. before commencement of trial - Merits of plea sought to be taken by amendment cannot be gone into at the stage of deciding the amendment application - Since amendment sought are wholesale amendments in the plaint and challenging large number of documents including..........
Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Minor - Custody - Minor below 5 years of age - Held, ordinarily mother will be entitled for the custody of minor who has not completed the age of 5 years - Interim custody given to mother...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Parole - Petitioner was convicted and sentenced to undergo life imprisonment u/s 302 IPC - Petition for grant of agricultural parole for six weeks u/s 3(1)(c) - Commissioner held that convict may commit any..........
General Clauses Act, 1897, Section 6, Urban Lands (Ceiling and Regulation) Act, 1976, Section 10(6)(3)(5), Urban Land (Ceiling and Regulation) Repeal Act, 1999, Section 3 -- Repeal of Act - Effect thereof - Surplus land - Notifications issued effecting deemed vesting of land in State - Notices issued to tenure-holders to hand over possession, but physical possession of..........