Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
Stamp Act, 1899, Section 47A -- (As amended in State of HP) - Deficient stamp duty - Recovery notices - Sub-Registrar cum Naib-Tehsildar had no jurisdiction or authority u/s 47-A of the Act for issuance of recovery notices - Jurisdiction if any vests with Collector that too in terms of provisions of S.47-A of the Act - Recovery notices quashed and set aside...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Effect of amendment - Alienation of property prior to amendment - Any alienation made prior thereto cannot be invalidated as provision of S.6 of the Act post the amendment have been held to be retrospective...........
Service -- Appointment - Denial of - Appellant though passed the selection examination but he was denied the appointment on basis of amended rule which does not even apply in the case of appellant - High Court on one hand thought it fit to proceed with contempt action against erring officers of State Government, but at the same time, denied relief to appellant on basis..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Once the defendant already filed written statement to unamended plaint in which certain formal issues were raised later on,..........
Stamp Act, 1899, Section 35, Article 23 -- (As amended in State of MP) - Stamp duty - Document not required to be stamped as same executed prior to amendments - S.35 of the Act not applicable...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As amended by High Court (Punjab, Haryana and Chandigarh) - Substitution of LRs - Limitation period of 90 days not applicable - Application that suit has abated for non impleadment of L.R's within 90 days rightly dismissed and L.R's allowed to be impleaded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Proceedings under Motor Vehicle Act - While passing the order, not dealing with stand of opposite party in its objections amounts to perversity and deserves interference - Moreover no opportunity was given to the opposite party to file Additional/Amended written statement in response to the..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
