Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Written Statement - Petitioner had admitted as lessee in demised premises - Lease period has already expired and he has become statutory tenant - If there is dispute between lessor and other party lessee has to surrender the possession after the expiry of lease period...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Written Statement - Suit is at advance stage - plaintiff has concluded his entire evidence and defendant has also been given opportunity to lead his entire evidence - Amendment not allowed...........
Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2014, Section 5A -- Provision for hardcore Prisoner - Prisoner has been convicted for Dacoity which falls under the category of "Hardcore Prisoner" - Prisoner wants to attend the marriage of his daughter - Held, Even the hardcore prisoner can be released on emergency parole for a period of ninety six hours..........
Securities and Exchange Board of India Act, 1992, Section 15Z -- Appeal - Dispute between parties started much before amendment to S.15Z of the Act which altered forum of second appellate remedy from High Court to Supreme Court - In fact order also passed by Tribunal before date of amendment of 2002 - Therefore, appeal filed under unamended provisions of S.15Z of the Act..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit instituted before amendment in CPC - No question of any change in nature of suit - Amendment seeks to correct date of agreement as the mistake occurred because of typographical mistake - Case is still at initial stage i.e. evidence of plaintiff - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at the stage of final arguments - Condition in the proviso to O.6.R.17 CPC has to be satisfied for exercise of Court's discretion in allowing amendment to pleadings at the stage of final arguments - Amendment cannot be allowed merely for the reason that it will cause no prejudice to the opposite..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Haryana Evacuee Properties (Management and Disposal) Act 2008 (Amendment Act, 2010), S. 2 (a) to (g) - Petitioner case is also not come under these provisions - Petition not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in plaint - Trial has already commenced and suit was decided against petitioners - The facts have been noticed and the question of due diligence does not arise as parties were well aware of their rights inter se themselves - Amendment would change the very nature of the controversy and issues would have to be recast..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in written statement - Compromise was effected in probate proceedings and subsequent proceedings took place after filing of written statement - Amendment would help to adjudicate upon the issues and share of parties as dispute pertains to estate - While considering the amendment merits need not be gone into and it..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in written statement - Delay in filing application - Petitioner took plea that she was unaware about the mutation recorded in favour of defendant - Petitioner is wrong to say that she was not aware of the mutation because said mutation was already produced on record by way of additional evidence - Averments made in..........
