Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of grounds of appeal or writ petition - Cannot be allowed after its disposal as it can lead to abuse of process of law and parties would not let the proceedings come to an end - However, in order to do complete justice between parties, matter needs to be remitted to lower appellate Court to decide it afresh as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Boundaries would prevail over survey number and extents and same can be corrected for no change of boundaries - Moreover, it would not change or alter the nature of suit or against the action - No prejudice will be caused to defendants - Impugned order of trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Clerical and arithmetical errors, which have crept in plaint can be corrected even after passing of decree...........
Hindu Succession Act, 1956, Section 6(as - - Devolution of interest - Amendment Act of 2005 has prospective effect - Right conferred on a daughter of a coparcener is on and from the commencement of Hindu Succession (Amendment) Act, 2005 - S.6(3) of Act talks of death after amendment and thus there is neither any express provision for giving retrospective effect to the..........
Constitution (Ninety-ninth Amendment) Act, 2014, Article 124A, National Judicial Appointments Commission Act, 2014 -- Constitutional validity - Whether Act of 2014 and 99th Amendment Act are violative of the `Principles of Separation Of Powers' and `independence of judiciary' or not - Concerned Amendment and NJAC Act completely took away discretion of President to turn..........
Constitution of India, 1950, Article 124, 217, 222, 50, 74, 368 -- Independence of the judiciary - It is basic feature or inviolable part of basic structure of the Constitution - It is a judiciary which discharges its functions independently without fear or favour - Primacy of the judiciary in matters of appointment and transfer of Judges, is also part of basic structure..........
Constitution (Ninety-ninth Amendment) Act, 2014, Article 124A(1)(c), National Judicial Appointments Commission Act, 2014 -- Constitutional validity - Inclusion of Union Minister incharge of law and justice as ex-officio Member of NJAC - Having negative impact on principle of `independence of judiciary' - It is held to be ultra vires the provisions of Constitution -..........
Constitution of India, 1950, Article 14, 368, Constitution (Ninety-ninth Amendment) Act, 2014, Article 124A(1)(c), National Judicial Appointments Commission Act, 2014 -- Constitutional validity - Act of 2014 conferring arbitrary and unchartered powers on various authorities under Statute - Therefore, violative of Art.14 and declared unconstitutional...........
Income Tax Act, 1961, Section 32 -- Depreciation of capitalize value of trademarks, copyright and technical know-how by treating the same as plant and machinery - S.32 of the Act as it stood at the relevant time does not make any distinction between tangible and intangible assets for the purposes of depreciation - Distinction came in by way of an amendment after the..........
Constitution of India, 1950, Article 32, Bombay Police Act, 1951, Section 33A -- As introduced by Maharashtra Police (Second Amendment) Act, 2014 - Prohibition of performance of dance in eating house, permit room or beer bar - Constitutional validity of S.33A of the Act - Apex Court stayed the operation of the provision with a rider that `no performance of dance shall..........
