Agreement to sell -- Specific performance - Delay - By itself not a proof of abandonment or waiver of a right, leading to refusal of the relief of specific performance - Delay occasioned due to the inaction of the plaintiff in demanding specific performance will be a relevant circumstance in assessing any inequity caused to the defendant or prejudice resulting from the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Illustrative but not exhaustive factors to be kept in mind while deciding application for amendment of pleadings are : (1) Whether the amendment sought is imperative for proper and effective adjudication of the case? (2) Whether the application for amendment is bona fide or mala fide? (3) The amendment..........
Industrial Disputes Act, 1947, Section 10 -- Industrial Standing Order - Reference - Domestic enquiry - Assistance of co - worker - Domestic enquiry found to be not fair and proper by the Labour Court only on the ground that permission sought by the workman for assistance of person outside his department was given - The workman had not complained of any prejudice which he..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Relationship of landlord and tenant denied - Tenant to give an undertaking that in case relationship of landlord and tenant is proved between the parties, he shall not claim further opportunity to tender the arrears of rent and shall be liable for all the legal consequences - In case tenant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dominant factor - Held, dominant factor in allowing and disallowing the amendment is that the amendment is necessary in order to adjudicate the real controversy between the parties - Amendment should not change the nature of the case - It should not cause prejudice to other side...........
Hindu Marriage Act, 1955, Section 13(1)(i)(b) -- Divorce - Desertion - Decree granted by Court having no territorial jurisdiction - Objection with regard to territorial jurisdiction not taken in trial Court - Objection cannot be taken in appeal for the first time unless prejudice was caused to the aggrieved party...........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 1 -- Issues - Recasting of an issue - Application rejected - No prejudice caused to any of the party - Order does not amount to case decided - Revision dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment seeking determination of real question of controversy can be permitted at any stage of the proceedings - Pre-trial amendments are to be allowed liberally than post trial - In pre-trial amendment opposite party is not prejudiced because it gets an opportunity of meeting the proposed amendment..........
Criminal Procedure Code, 1973, Section 211, Prevention of Food Adulteration Act, 1954, Section 7(ii) -- Adulteration of food - Framing of charge - Error or irregularity therein - Held, an error or omission or irregularity in framing charge is not sufficient for upsetting conviction unless prejudice or failure of justice is shown...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Female - Search by DSP in presence of lady officer - No prejudice caused to accused...........
