Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition on ground of bona fide necessity - After filing the written statement it came to the knowledge of tenant that another premises of landlord was vacated - Amendment of written statement sought to incorporate this fact - Amendment allowed...........
Agreement to sell -- Suit for specific performance - Possession delivered in part performance - Agreement executed after commencement of Registration and Other Related Laws (Amendment) Act, 2001 - Agreement requires compulsory registration - Unregistered agreement - Does not confer any right or tile upon the plaintiff as the same cannot be received in evidence - Vendee not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought not necessary to decide the controversy in the suit - Unless it is established that defendant was diligent and he could not plead all those proposed amendments at the appropriate point of time, defendant is not entitled to seek amendment of written statement - Dismissal of..........
Motor Vehicles Act, 1988, Section 163A -- Motor accident - Amendment of claim petition - Claimant a barber suffered injuries in road accident - Due to inadvertence his monthly income pleaded as Rs.15, 000/- per month whereas in fact his income was only Rs.3, 000/- per month - Claimant seeking amendment in the petition to rectify the mistake - Order of Tribunal allowing..........
Constitution of India, 1950, Article 16 -- Railway Establishment Code, Rr.2423-A, R-II, 2301 - Pensionary benefits - Addition of certain years to qualifying service - Such benefit available to those officers who retire from service after 31.3.1960 - Amendment in 1976 providing that such benefit available only if recruitment rules provide so - Held, such amendment is..........
Prevention of Food Adulteration Act, 1954, Section 23 -- Amendment of Rule 47 - Curative in nature - Amended provision permitting saccharin in masalas supari to a particular extent - Held, amendment is retrospective in nature...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment to incorporate counter claim - Time barred - Suit was filed on 08.12.2005 - Written statement filed on 23.10.2007 - Application to amend the written statement to incorporate counter claim filed on 28.07.2008 - Except pleading inadvertence as to why counter claim was not initially filed along with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Cannot be allowed when defence is already struck of...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought after commencement of trial on the ground that facts sought to be pleaded were already brought to the notice of counsel who inadvertently could not plead - Held, litigant cannot be allowed to suffer because of bonafide error of counsel - Litigant entitled to urge that error committed by..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Complaint maintainability - The complaint noted defects in the modules as also shortcomings in OP's services during the warranty period in the year 2000 - The grievance of the complainant that the services during the warranty period not provided and defects not rectified - Complaint was..........
