Specific Relief Act, 1963, Section 22, Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Suit for specific performance - Plaintiff is seeking possession of property by way of specific performance of agreement to sell - He is not seeking protection of..........
Prisons Act, 1894 -- Jail manual - Police custody - Escape of prisoners - Four criminals escaped from Police custody during escort from Court to Jail - Thereafter murdered 14 persons - Held, it is serious matter and required remedial measures - Directions issued to State of M.P. (i) to make amendment in the existing rules and provide that dangerous prisoners shall not be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - An amendment ought to have been allowed if it does not change the nature of the suit nor intends to add a claim which is barred by limitation nor takes away claim of other party nor amounts to a fresh cause of action nor otherwise prejudice the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 38 -- Suit for injunction and possession - Amendment of plaint - Application for - Nature of suit does not change at all if amendment sought is allowed to be incorporated - Plaintiffs still claim to be owners in possession of suit and - Basis of their case also does not change - They continue..........
Punjab Apartment and Property Regulations, 1995, Section 38, Punjab Apartment and Property Regulations (First Amendment) Rules, 2010, Rule 31(3)(a) -- Compounding fee - Bifurcation of - Held, compounding fee is bifurcated into two parts i.e. per gross acre and for saleable area - Such determination of compounding fee is in keeping in view saleable area, which unauthorized..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Conviction under Old Act - Appeal filed after Amendment of Act came into force - Applicability - Alleged recovery, after amendment Act treated as no, commercial - Held, amended act is applicable as amended Act came into force on 02.10.2001 and conviction recorded on 03.10.2001 -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Sought by tenant after 10 years of attaining majority - Diligence for invoking provisions of O.6.R.17 CPC is sine qua non - Petitioner was unable to satisfy Court as to diligence with which application for amendment was moved - Gross abuse of process of Court - Petition dismissed with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Duty of court - Held, it is the primary duty of court to decide whether amendment sought is necessary to decide real dispute between the parties - If it is, the amendment will be allowed and if it is not, the amendment will be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Unauthorized absence from duty - Departmental enquiry - Penalty imposed - Appeal filed by plaintiff dismissed - Penalty order challenged by way of filing civil suit - Application for amendment seeking to challenge order passed in appeal filed after more than three and a half years of filing of the suit -..........
