Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter would inherit equal share as that of son in ancestral properties and date of death of father whether before or after date of amendment to S.6 of the Act, would be irrelevant - Plaintiff and defendants Nos.1 & 2 entitled to 1/3rd share each...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings at the instance of defendant transposed as plaintiff - None other than the author has right to seek leave to amend original pleadings, no matter it was not objected to by original plaintiffs - However, such party can pursue contentions in written statement in support of suit claim treating as part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Expression `amend his pleadings' refers to pleadings of original plaintiff or defendant in the suit - None other than the author has right to seek leave to amend original pleadings...........
Maharashtra Rent Control Act, 2000, Section 16(1)(g) -- Eviction petition - Application seeking cross-examination of plaintiff - Once amendment was allowed to be brought in written statement Court will have to decide aspect of comparative hardship also - Therefore, Court below ought to have allowed application seeking cross-examination of plaintiff - Since Court has to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 kg ganja - Reduction of sentence - Accused committed crime in the year 1997 i.e much before NDPS Amendment Act, 2001 came into force - Case of accused thus, regulated by unamended S.20 of the Act wherein though maximum sentence of 5 years R.I and a fine of upto Rs.50,000 was prescribed but..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund for advance - Relief of refund of advance is alternative relief which can be sought at any stage of suit and even after disposal of suit and at the time of execution - There is no question of relief being barred by limitation - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment in the nature of adding prayer of declaration qua compromise decree is not maintainable being barred U.O.23.R.3-A CPC - Amendment application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical mistake - Wrong mentioning of survey number in plaint - Amendment sought to correct survey number which was mistakenly mentioned in the plaint - Suit was filed for perpetual injunction and nature and character of suit will not be changed by permitting amendment of survey number - No prejudice..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Decree for specific performance - Description of property found different during execution proceeding - Court Amin made an endorsement and returned warrant of delivery of possession in respect of suit property for the reason that description of property differs from sale deed executed in favour of plaintiff -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Inconsistent plea sought to be taken by way of amendment - Amendment if allowed will take away the right which has already accrued to defendant by virtue of pleadings - Amendment rightly declined...........
