Punjab Stamp Amendment Ordinance, 2005, Section 3C -- Applicability of provisions of S.3-C - Demand for additional stamp duty by State for a transaction which was registered in relation to property in Nawanshahr town - Held, Nawanshahr is a Class-II Municipality and provisions of S.3-C are only applicable to Municipal Corporation and Class-I Municipalities - Demand made by..........
Constitution of India, 1950, Article 166, Rule 7 -- Business Rules, Part II, Council of Ministers - Delegation of power - Whether Council of Ministers is permitted to delegate power to amend its decision to a Committee of Ministers consisting of Ministers-i, charge of the Departments concerned and the Chief Minister, and whether such amendment needs to be consistent with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff filed application for amendment before trial has commenced - Reasons set out in affidavit filed in support of application that subsequent to the filing of suit there was an encroachment and construction which has necessitated respondent herein to file such application for amendment - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - After commencement of trial - Amendment can be allowed after commencement of trial if Court comes to conclusion that despite due diligence, parties could not raise matter before commencement of trial - It is in this sense that power to amend the pleadings is wide and such power of Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Correct facts sought to be introduced were not in the knowledge of defendant at the time of filing of written statement Amendment sought not causing any prejudice or loss to the plaintiff - While considering amendment in the pleadings, a lenient and liberal view ought to be taken by the court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment of - Court is conferred with wide discretion to allow alteration and amendments of pleadings at any stage of the proceedings if it is of the view that such amendment would be necessary for determining the real question in controversy between parties - Proviso to O.6.R.17 CPC provides that no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Specific performance - Plaint sought to be amended for return of advance money with interest - Held, in accordance with proviso to sub-section (2) of Section 22 of the Specific Relief Act, 1963, plaintiff is entitled to claim such relief and is also entitled to amend his plaint at any stage of the..........
Civil Procedure Code, 1908, Section 38,39 -- Execution of decree - (as inserted by amendment), O. 21, R. 3 and 48 - Jurisdiction - Held, as per S.39 there is no scope of exercising the jurisdiction for execution at the instance of original Court which passed the decree if the person or the property, as the case may be, against which the decree is sought to be enforced is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment not against pleadings - Amendment does not change nature of suit and admission made by defendant - Impugned order allowing amendment calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 9, 13A, 21 -- Plaint - Amendment - To convert a petition for restitution of conjugal rights to a petition for divorce - Amendment sought not imperative or proper for effective adjudication of the case - Prayer for restitution of conjugal rights and divorce are two diametrically opposite prayers..........
