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Order 6, Rule 17 -- Amendment of written statement - Categorical admission made in pleadings cannot be permitted to be withdrawn by way of amendment...........
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..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 377, 504, 427, Protection of Children from Sexual Offences Act, 2015, Section 5(D), 6 -- Juvenile - Bail - Unnatural offence - Serious allegations of committing unnatural sexual activities with victim who is minor aged about 6 years levelled against petitioner -..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Penetrative sexual assault - Victim was 10 years old at the time of incident - Evidence of victim, PW1 and PW10 are corroborative of presence of victim at the house of PW10 and narration of incident to PW10 by victim - Evidence of cousin of victim, PW10 indicates that there were injuries on body of..........
Indian Contract Act, 1872, Section 16, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Undue influence - Pleading - Pleadings completely bereft of any details or circumstances with regard to nature, manner or kind of undue influence exercised by original defendants over deceased - Bald statement made as to infirmity of deceased but deceased was not completely physically..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Subsequent event - Availability of alternative vacant accommodation - In no manner it can be said that bona fide requirement of premises stands completely eclipsed - Amendment can only be allowed when bona fide requirement stands completely eclipsed and not otherwise -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9(i) -- Amendment of reply - Dismissal of application - Eviction petition - On the basis of subsequent event as pleaded, in no manner it can be said that bonafide requirement of premises as pleaded by landlord stand completely eclipsed - Appellate Rent Tribunal committed no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary thrown in common stock by..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Deletion of certain part of Para of amended written statement - Court while allowing amendment of plaint not made any restriction for defendants in taking new plea in written statement - Even, no prejudice is caused to plaintiffs, as they have ample opportunity to submit documentary evidence in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought to incorporate pleadings from another suit, their relevance cannot be questioned, as they already existed in said suit...........
