Civil Procedure Code, 1908, Section 100, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c) -- Plaint - Amendment - Agreement to sell - Suit for specific performance - Necessary averments u/s 16(c) to incorporate by way of amendment of plaint - Allowed - Held, in second appeal it is not a substantial question of law as amendment sought does not change the cause of..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- (As amended) - Plaint - Amendment - Allowed - Revision against - Order permitting amendment of plaint to take stand that business in question is business of Hindu Undivided Family instead of business of partnership as originally pleaded - Held, revision does not lie against such order, as even if amendment had..........
Civil Procedure Code, 1908, Section 115 -- sub-section (1) as amended by Section 32(2)(i) of Amendment Act 1999 and Order 26 Rule 9 - Appointment or refusal to appoint Local Commissioner - Does not finally dispose of suit - Proviso disentitles revision petitioner to any relief...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - If evidence is required to prove that proposed amendment is barred by limitation then it can be made subject matter of issue after allowing amendment...........
Post Office Recurring Deposit Rules, 1981 -- Recurreing deposit scheme - 5 Year Post Office Recurring Deposit Scheme - Premature withdrawal - Refusal of the Postal authorities in not allowing the account holders to close their accounts prematurely after one year from the date of opening their accounts - Amounts to deficiency in service - Amendment of Rule 9A of 1981 Rules..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 20(b)(1) -- @@Amendment Act, 9 of 2001 - Small quantity of contraband seized - Amendment Act came into force during pendency of case - Held, case has to be disposed of in accordance with the amended Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and injunction - At time of final hearing, amendment of plaint sought seeking additional relief of restoration of possession - Claim barred by limitation - Amendment allowed - Held, order of trial Court being discretionary cannot be disturbed - However, question of limitation is open..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Revision against order allowing amendment of plaint - Petition is maintainable - Contention that such order is not an order having effect of deciding any case and therefore revision is not maintainable, not tenable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - If such events are in relation to the subject matter of the dispute between the parties and necessary to decide real controversy, merely delay in filing application for amendment or because a party to the proceedings will have to lead evidence consequent to the amendment cannot be a..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- As amended - - Amendment of Act during pendency of appeal - Recovery of 70 grams of charas - Recovered quantity fell in category of small quantity - Accused in custody for 2-1/2 years - Sentence reduced to period already undergone...........
