Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court has no power suo moto to amend the plaint or give directions to that effect to any party...........
Special Marriage Act, 1954, Section 27, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Jurisdiction - Parties Hindu by religion married under Special Marriage Act - Divorce petition filed under Hindu Marriage Act - They cannot seek divorce under Hindu Marriage Act as their conduct with regard to grant of divorce or relationship would be covered under Special..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Evidence already on record - Amendment cannot be allowed on the ground that evidence is already there and amendment is sought to bring written statement to conform to such evidence and that there would be no necessity for any additional evidence - It is questionable whether there could be any..........
Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to give another pedigree as there was mistake in pedigree given by petitioners in their written statement - Amendment do not amounts to withdrawal of admission nor it changes nature of controversy - As pedigree given by amendment application had already been given in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Income Tax Act, 1961, Section 80IB(10) -- Scope - Provision is applicable in respect of housing projects and not commercial projects - Must have been sanctioned by local bodies and includes `residential cum commercial complex' - Before 2004 amendment no ceiling on extent of commercial user area - Extent of area sanctioned for shops and commercial establishments in a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure - Court always gives relief to amend the pleading of the party, unless it is satisfied that party applying was acting malafide or that by his blunder he had caused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Substitution of complainant - Permissibility - Complaint u/s 138 of Act was lodged by a proprietary concern through its proprietor - During the pendency of trial, entire business of proprietary concern were taken over by a private limited company - Such company can seek substitution as a..........
