Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Daughter would step into the coparcenary as that of a son by taking birth before or after the Act - However, daughter born before can claim these rights only with effect from the date of the amendment, i.e., 9.9.2005 with saving of past transactions as..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law -..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time...........
Income Tax Act, 1961, Section 40(a)(ia), 3, 4, 2(9) -- Proviso - Tax deduction at source - Disallowance u/s 40(a)(ia) as introduced by Finance Act, 2004 with effect from 01.04.2005 - Applicable to case of assessee relating to assessment year 2005-2006 - Assessee having defaulted at every stage, benefit of amendment made in year 2014 is not available to him...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of encroachment to an extent of 20 guntas sought to be amended by 30 guntas - Question of alleged encroachment and extent of alleged encroachment are issues to be decided at the stage of final disposal of suit - At the time of considering application for amendment, merits of proposed amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought explanatory in nature and is imperative for proper and effective adjudication of case - Neither it changes nature of suit nor does it cause any prejudice to defendant - Moreover, trial of case has not yet commenced and suit is fixed for hearing on application U.O.7.R.11 CPC - Amendment..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Petitioner seeks amendment on basis of Rent-deed executed in year 1950 by virtue of said document petitioner virtually wishes to wriggle out from his admission - Withdrawing an admission..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of forgery and fabrication - Amendment sought to clarify such pleas - Pleas already taken sufficient for Court to consider such plea - Application filed is redundant and not necessary - Application dismissed...........
