Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Suit for declaration of ownership - Material facts regarding ownership rights of plaintiff not pleaded in the plaint - Suit thus liable for rejection at threshold - Even otherwise, there was absolutely no evidence adduced by plaintiff to prove and establish his legal ownership rights..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Right of management of temple and its property as `Mahant/Pujari" or `Manager' - Necessary pleadings in this respect analysed - Pleadings should be as to on what basis, he was claiming post of "Mahant/Pujari" or "Manager" - was it through his forefathers or through any other channel and who, according to him,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - No amendment should be allowed to put plaintiff to retrievably prejudice for being denied with opportunity of extracting the admission already made by defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Ownership of plaintiff admitted by defendants in their written statement - Amendment sought to introduce a new plea that suit property was wrongly recorded in the name of plaintiff, which is contrary to the admission made in written statement - Proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All bonafide amendments should be allowed and even plea of elaboration of defence in support of earlier plea taken in written statement can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or ejecting the prayer of amendment - At the same time, Court is not obliged to go into correctness or falsity of case of either side in amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Case fixed for defendant's evidence - Amendment sought to incorporate certain words which were inadvertently omitted - Delay in filing application for amendment cannot be ground for rejection of same, as no prejudice is going to be caused to plaintiff, particularly in view of fact that..........
General Clauses Act, 1897, Section 6 -- Omission of procedural rule - Legality - Provision of S.6 of the Act applies not only to repeal of any enactment but also to omission...........
Indian Penal Code, 1860, Section 376(2)(i), Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Delayed FIR - Rape of 8-1/2 years old girl - FIR lodged next day of incident by mother of victim - Mother of victim explained the reason for delay while she was examined before Court - Moreover, in rape cases..........
