Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Amendment sought that bona fide requirement of landlord became extinct on account of subsequent event, as landlord purchased a residential plot and already constructed two story building on it - However, premises in question required for commercial purposes - Requirement for..........
Rent and eviction -- Bona fide need - Subsequent event - Marriage of landlady during pendency of appeal - Need of landlady does not get extinguished as she wanted the premises not just for herself but to accommodate her parents and grandparents in the suit premises so that they can live together...........
Haryana Civil Services (Assured Career Progression) Rules, 1998 -- Petitioner has not been granted any promotion within 10 years or 20 years from date of holding post - Petitioner has been granted benefit of 2nd ACP - Subsequent event that petitioner has been promoted to post, does not empower respondent to take away benefit of 2nd ACP granted...........
Haryana Civil Services (Assured Career Progression) Rules, 1998 -- Petitioner has not been granted any promotion within 10 years or 20 years from date of holding post - Petitioner has been granted benefit of 2nd ACP on completion of 20 years of service - Subsequent event that petition has been promoted to post, after rendering about 26 years of service in cadre, does not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908 -- Rent and Eviction - Material alternation - Amendment of plaint - If during period of litigation, tenant has further materially altered premises, it would be within legal right of landlord to bring necessary facts to the notice of Court - It would not be fair in such..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Indian Contract Act, 1872, Section 56 -- Doctrine of frustration - Shelter of subsequent impossibility - Ground for frustrating contract can be destruction of subject matter that is where actual and specific subject matter of contact has ceased to exit - It can also be due to change of circumstances that is where circumstances arising which makes performance of contract in..........
Hindu Succession Act, 1956, Section 23(as -- Dwelling house - Right of female to seek partition - Female being class - I heir is now entitled to seek partition of dwelling house in view of amendment of S.23 of the Act - Even though suit filed prior to said amendment but since the lis is continuing in second appeal which is already admitted, there arises no legal objection..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent event that have occurred..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Relief of mandatory injunction in a suit filed for permanent injunction as it was necessitated by subsequent developments - Proposed amendment not filed belatedly - Issues not framed - Trial not yet commenced - Nature of suit also not changed, if amendment is allowed - Application..........
