Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - When an amendment is opposed on the ground that claim is barred by law of limitation and such an objection cannot be decided without answering disputed questions of fact, amendment can be allowed and question of limitation can be postponed to be decided in the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Suit for return of gold ornaments - When a claim for realization of additional amount is added, it may amount to addition of a new relief - However, in the nature of present proceedings, addition of such a claim would not change the nature or character of proceedings - Such an addition may have..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - Bar of limitation - When already a suit for injunction which involves a question of title has been filed, admittedly within time, there shall be no question of bar of limitation being attracted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct khasra no. of suit property on the ground that defendants have specifically mentioned in their written statement regarding correct khasra no. of suit property - Therefore, no prejudice will be caused to defendants, if amendment is allowed - Application allowed...........
Employees State Insurance Act, 1948, Section 1(6) -- As amended - Effect of amendment - S.1(6) of the Act shall be applicable even with respect to establishments established prior to date of amendment of said provision - ESI Act shall be applicable irrespective of number of persons employed or notwithstanding that number of persons employed at any time falls below the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Arbitration proceedings commenced and even award was declared prior to amendment of S.34(2)(a) of the Act - It is pre-amendment of S.34(2)(a) of the Act shall be applicable...........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - Person may not be permitted to file affidavit by way of evidence/additional evidence, if from record before arbitrator, same can be established and proved that subject matter of dispute is not capable of settlement by arbitration under the law..........
