Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - If leave to amend pleadings is granted then permission to the other party to consequently amend the pleadings is normally granted - However, no new plea can be permitted to be added in the garb of a consequential amendment though it can be applied by way of an independent amendment. (Gurdial Singh and..........
Land Acquisition Act, 1894, Section 4(1), 6, 17(4) -- Acquisition of land - Quashing of acquisition - Compensation already disbursed to the extent of 76% - Development already undertaken on substantial part of land - Relief of setting aside acquisition not granted having regard to overall development on substantial part of acquired land - Moreover, filing of prompt..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, , Order 6, Rule 17 -- Impleadment of subsequent purchasers - Suit for cancellation of exchange deeds and permanent injunction - Applicants purchased the property during pendency of proceedings from plaintiff - It cannot be said that applicants are bonafide purchasers and title,..........
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5 -- Natural guardian - Passport application of minor - Mother can act as a natural guardian of child, if father is indifferent towards the child or if child is put under custody of mother by mutual understanding between parents...........
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5 -- Natural guardian - Passport application of minor - Mother`s name is sufficient to apply for passport, as single woman can be a natural guardian and also a parent...........
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5 -- Natural guardian - Passport application of minor - Jurisdiction - Minor child staying with his grand parents at Jammu whereas his mother was staying in Delhi - Even, minor child was studying at Jammu since nursery till filing of petition - Since minor child was residing at Jammu,..........
Protection of Children from Sexual Offences Act, 2002, Section 6, 8, Evidence Act, 1872, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Conduct of prosecutrix pointing towards accused as the person soon after the incident which she was in a perplexed and nervous condition forms a part of transaction of incident itself and is thus admissible u/ss 6 and 8..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of amendment application - Wrong facts mentioned mistakenly and due to typing error in application for amendment - Plaintiff trying to withdraw admissions made in application for amendment - A party cannot be allowed to withdraw admissions made at an earlier occasion - Order allowing amendment of amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admissions made earlier - Not permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Can be sought at any stage of the proceedings for the purpose of determining real question in controversy - Courts have to be liberal in accepting the same, if same is made prior to commencement of trial - Amendment if sought after commencement of trial, Court has to arrive at a conclusion that in..........
