Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is at the stage of completion of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Categorical admission made in pleadings cannot be permitted to be withdrawn by way of amendment...........
Customs Act, 1962, Section 27, 17(3), 17(4), 17(5) -- Claim of refund of duty - Reassessment - While processing refund application, reassessment is not permitted not conditions of exemption can be adjudicated - Reassessment is permitted only u/ss.17(3), 17(4), 17(5) of the Act...........
Customs Act, 1962, Section 27, 17 -- Claim of refund of duty - An order of assessment or reassessment in case Assistant Commissioner or Deputy Commissioner of Customs while dealing with refund application is permitted to adjudicated upon entire issue which cannot be done in ken of refund provision u/S.27...........
Customs Act, 1962, Section 27, 17, Central Excise Act, 1944, Section 11(b), Customs Tariff Act, 1975, Section 3(1) -- Claims of refund of duty - No challenge to order of assessment - Refund application - Held, that claim for refund cannot be entertained unless order of assessment or self-assessment is modified in accordance with law by taking recourse to appropriate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition, but only at the stage of..........
Registration Act, 1908, Section 17, Evidence Act, 1872, Section 114, 102 -- Registered sale deed - Executed by father of plaintiffs in favour of defendants - There shall be presumption in favour of defendants - Onus for rebuttal lay on plaintiff...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - If the lawful possession of the secured asset is not with the borrower, but with a lessee under valid lease, the secured creditor cannot take possession of secured..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - Where Chief Metropolitan Magistrate/District Magistrate is satisfied that a valid lease is created before the mortgage and the lease has not been determined in..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
