Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 16, 18 -- Crpc As amended by virtue of S.43D of the Unlawful Activities (Prevention) Act, 1967 - Period of 90 days stipulated for investigation - Court can extend it to 180 days - In the event charge sheet is not filed even within the extended period of 180 days, accused is..........
Civil Procedure Code, 1908, Order 21, Rule 72(As - - Execution - Auction - Participation by D.H. without permission of Court - As per O.21.R.72 CPC as amended by State of Uttar Pradesh there is no embargo upon a decree holder to participate in the auction...........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest in coparcenary property - Scope - It applies only to coparcenary property surviving as on date of enactment of amended provision of the Act...........
Agreement to sell -- Specific performance - Suit filed for mandatory injunction directing defendants to execute and register sale deed of the suit land - After six years of execution of agreement to sell plaint got amended seeking relief of specific performance - By then, suit to claim specific performance of the agreement had become hopelessly barred - Held, relief of..........
Specific Relief Act,1963,22 -- Agreement to sell - Refund of earnest money - No such prayer made either in original plaint or in amended plaint - Held, relief cannot be granted - Plaintiff can, at best, become entitled to refund of earnest money only on surrender of possession of suit property to defendants...........
Legal Services Authorities Act, 1987 -- Validity - Permanent Lok Adalats under the Act (As amended by 2002 Amendment Act) are in addition to and not in derogation of Fora provided under various statues - Instead of ordinary civil courts, if other institutional mechanisms are set up or arrangements are made by Parliament with an adjudicatory power, such institutional..........
Civil Procedure Code, 1908, Order 6 -- Plaint - Amendment - Written statement to the amended plaint - To be normally confined to the portion of statement in plaint that stands amended - In view of the pendency of the instant case for more than two decades plaintiff given right to file rejoinder to the amended written statement, in case plaintiff feels aggrieved in any way..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Suit for permanent injunction - Allowed to be amended for seeking relief of specific performance as relief of specific performance accrued during pendency of suit - Suit for specific performance is deemed to be filed the day application for amendment was filed and not the day on..........
Civil Procedure Code, 1908, Section 16(1)(As, Order 17, Rule 3 - - State amendment of O.17.R.3 - Applicability after Amendment Act 2002 - According to S.16(1) of the Amendment Act 2002, any amendment made, or any provision inserted in the principal Act by a State Legislature or High Court before the commencement of this Act shall, except in so far as such amendment or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Written statement to amended plaint - Defendant has right to raise even new plea in written statement to amended plaint, even if the new plea does not pertain to amended part of the plaint...........