Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Tender -- Rejection of bid - Justifiability - Appellant bidder does not possess the registration certificate issued by Central Insecticide Board (CIB) - Registration certificate is necessary in view of mandatory clause of 6.1(A)(d)6 (as amended) of Instructions to bidders at the time of opening tender, failing which bid was to be no, responsive - Even if amendment in said..........
Court Fees Act, 1870, Section 7(iv)(a)(As -- Ad valorem Court fees - Suit for declaration that sale deed is null and void - U.P. Amended Act specifically provides for payment of court-fee in case where suit is for or involving cancellation or adjudging/declaring void or voidable an instrument securing property having money value - Ad valorem Court Fees u/s 7(iv)(a) of the..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Court cannot exclude a portion of counter claim in a suit after framing of issues on the ground that later written statement was amended and an additional relief was incorporated...........
Hindu Succession Act, 1956, Section 29A -- Co-parcenary property - Right of daughter - One of requirements to claim share by a daughter of Hindu, who became coparcener after passing of Act, is that her marriage must have taken place after commencement of amended Hindu Succession Act...........
Poona University Act, 1974 -- Any provision amended subsequent to the Act come into force, which is declaratory in nature, has to be construed based on the language used in the provision...........
Court Fees Act, 1870, Section 7, Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Court Fees - Application for return of stridhan - S.7 of Court Fees Act, nowhere provides for computation of fee payable for any matrimonial suit or a suit or proceedings contemplated u/s 7 of Family Courts Act - However, Entry 20-A of Second Schedule..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A -- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a right to defend..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Construction raised during pendency of suit - Amendment required to be amended as cause of action accrued after filing of suit - Amendment allowed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in the year 2012 - Benefit of Amended Act of 2015 would not be given to petitioner, as claimed by petitioner - Moreover, entirely a new plea of territorial jurisdiction has been raised by petitioner - No such plea had been raised either before Trial Court..........
