Special Marriage Act, 1954, Section 49 -- Marriage certificate - Change/amendment of name in marriage certificate - Change/amendment of name was sought on strength of documents issued subsequent to Marriage certificate - Authenticity of such documents placed on record is not under doubt - It is not a correction of error in marriage certificate - S.49 of the Act would have..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of eviction petition allowed - Failure to amend eviction petition within a period of 14 days - Amended petition filed by landlord already been taken on record by Tribunal, by the time tenant filed present application - Though there is no specific order of extension of time for filing amended petition, fact that..........
Constitution of India, 1950, Article 14 -- Telangana Municipal Corporation Act, 1994, S.3-A, Telangana Municipalities Act, 1965 S.3, Telangana Municipalities (Inclusion or Exclusion of Areas into/from limits of Municipalities/Nagar Panchayats) Rules, 2006, R.2, Telangana Municipalities Act, 1965, Ss.2(42-aa), 3(1B) (as inserted by Act, 2018) - Validity of amendment -..........
Telangana Municipal Corporation Act, 1994, Section 3 -- Telangana Municipalities Act, 1965 S. 3, Telangana Municipalities Act, 1965, Ss.2(42-aa), 3(1B) (as inserted by Act, 2018) - Amendment Act in consonance with Parent Acts - Amendment Act is within province of State legislature under the provisions of Constitution - Thus, same is not against texture of Parents Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Trial of suit not yet commenced - O.6.R.17 Proviso CPC would not come in the way of Court to consider application for amendment, even if application was filed 8 years after filing of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for perpetual injunction - Amendment sought to incorporate relief of declaration of title and recovery of possession, since a cloud about title of plaintiff raised by defendant in written statement - Application for temporary injunction was rejected, and finding was given that plaintiff was not in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the ends of justice and is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a Private Limited Company is to..........
Mines and Minerals (Development and Regulation) Act, 1957, Section 15, 15A, 23C, Gujarat Minor Mineral (Amendment) Rules, 2010, Rule 44BB, 71 - - Power of State Government to make Rules regarding transportation or storage of minerals - Prohibition/movement of sand beyond border - Scheme of the Act does not empower and cannot be stretched to empower State Government to make..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when trial of suit was almost over and case was fixed for final arguments - It was wholly belated - Moreover, suit could still be decided even without there being any necessity to seek any amendment in plaint - Amendment of plaint was not really required for determination of issues in..........
