Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit - There is no necessity to seek withdrawal of suit when a formal defect can be rectified by way of amendment...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1, 3 -- Withdrawal of suit - Partition suit - Plaintiff wanted to withdraw the suit on the ground that some more parties and some more properties are to be added - However, plaintiff has liberty to file a petition U.O.1.R.10 CPC seeking amendment of plaint - Instead of availing such remedy, plaintiff seeks to totally..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court can allow amendments to pleadings, as may be necessary, for the purpose of determining the real question in controversy between the parties - Where application is moved after trial has commenced, even then court may allow amendments, on being satisfied that averments sought to be introduced by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Effective adjudication of controversy and avoidance of multiplicity of judicial proceeding are factors that have to be considered...........
Payment of Gratuity (Amendment) Act, 2010, Section 1(2) -- Effect of amendment - Whether retrospective or prospective - Date of commencement fixed by Executive in exercise of power delegated by amending Act, cannot be treated to be retrospective as benefit of higher gratuity is one time available to employees only after commencement of Amending Act...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Amendment of pleadings - There is no bar to amendment of pleadings in an application u/s 7 of the Act or to filing of additional documents, apart from those initially filed along with application u/s 7 of IBC in Form-1...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.6.R.17 CPC for amendment of pleadings is maintainable when filed at the stage when case was fixed for pronouncement of order on an application filed U.O.12.R.6 CPC - Application U.O.6.R.17 CPC can be filed upto the pronouncement of judgment and even after fling of..........
Constitution of India, 1950, Article 19, 368(2) -- Entry 44 List I - Constitution (Ninety Seventh Amendment) Act, 2011, Part IXB - Procedural infirmity - Amendment added `cooperative societies' to protected forms of association u/art. 19(1)(c) of Constitution elevating it to a fundamental right and also inserting Part IXB of Constitution Amendment Act laying down terms to..........
