Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent events - When a plea is raised by a party for amendment of pleadings basing on subsequent events, delay as such is not a relevant factor, as question of limitation is based on fact and law and it cannot be subject matter of a decision in a summary enquiry in an interlocutory application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Plaintiff by way of amendment wanted to bring on record all subsequent events - No reason to hold that attempt of plaintiff to bring such amendment suffers from malafides - Even no prejudice is caused to defendant if proposed amendment is permitted - Proposed amendment infact would..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Claimed by father - Children are of tender age and school going - Mother and her parents are available at home to look after welfare of children - There is no incriminating material disqualifying mother from having permanent custody of children - Paramount welfare and better interest of children..........
Goa, Daman and Diu Land Revenue Code, 1968, Section 14(2), 36, 199(2), Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969, Rule 5, 6, Specific Relief Act, 1963, Section 34 -- Title of Government to lands - Counter claim - Suit survey is forest land and in exclusive possession of Forest Department - Plaintiff filed Objection to entry..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Failure to file - Plaintiff not allowed to file amended plaint as plaintiff did not pay cost imposed while allowing amendment of plaint - Cost imposed was waived off by Apex Court - Dismissal of application filed by defendant U.O.6.R.18 CPC calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change date of agreement to sell from 10.09.2013 to 11.09.2013 - Inadvertent typographical error - Amendment of inadvertent mistake on the part of a party or its counsel while drafting, should not be refused - If amendment is allowed, no material prejudice will be caused to any of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when suit was fixed for rebuttal and arguments - Delay of five years in seeking amendment - Plaintiff failed to explain due diligence - Application for amendment rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate relief of mesne profits and damages - Trial Court allowed amendment and returned plaint to plaintiff for filing of same before appropriate Court having pecuniary/territorial jurisdiction to try and dispose of the suit - To refuse amendment to include prayer..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Dates of incident of penetrative sexual assault as mentioned by prosecutrix `A' in her deposition and her statement recorded u/s 164 Cr.P.C are contradictory - Parents of both the prosecutrixes had declined internal medical examination of prosecutrixes - I.O admitted that hymen..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Shop demolished after filing of suit - Shop whether demolished prior to filing of suit or demolished after filing of suit has to be determined and amendment cannot be declined on the assumption that shop stood demolished before filing of suit - Amendment allowed - Order..........
