Hindu Marriage Act, 1955, Section 13(1)(ia) -- Character assassination in written statement - Subsequent amendment of written statement and accusations withdrawn - The indelible impact and scar it initially created cannot be said to be ipso facto dissolved with amendment of written statement...........
Civil Procedure Code, 1908, Section 100(4) -- Second appeal - Non - compliance with Section 100(4) by High Court - Defeating the purpose sought to be achieved by amendment...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- sub-rule (1) as amended and Explanation newly inserted by Amendment Act 104 of 1976 and sub-rule (4) - Sub-rule (1) read with Explanation gives a right to respondent, when decree entirely in his favour, to take cross-objection to a finding recorded against him either while answering an issue or while dealing with an issue -..........
Haryana Municipal Act, 1973, Section 13A(1)(c) -- As amended by Act No 3 of 1994 - Disqualification for membership - Effect of Haryana Act No.15 of 1994 - High Court holding that disqualification will operate after 5.4.1995 i.e. on the expiry of the period of one year from 5.4.1994, the date of coming into force of the Amendment Act No.3 of 1994 - Held, decision of High..........
Motor Vehicles Act, 1988, Section 166, 158(4) -- Compensation can be awarded exceeding the claimed amount - It is just compensation which is to be awarded even if precise amount is not claimed - In accident claim cases there is no question of claim being time barred - By enhancing the claim there is no change of cause of action - In appropriate cases, Court may permit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent prohibitory injunction - By way of amendment relief of declaration of title and possession sought - Amendment sought after 11 years of institution of suit - Plaintiff not debarred from instituting a new suit, hence to avoid multiplicity of suits amendment allowed - Amended plaint shall..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Merits of the averments sought to be incorporated by way of amendment are not to be judged at the stage of allowing prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Principles governing - Analysed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Amendments to pleadings which are moved at the proper stage and not unduly delayed should not normally be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Relationship of landlord and tenant denied - Amendment sought that on discovery of additional evidence and material that one `A' was merely a permissive occupier in one of the Dags and sought leave to explain the nature of her possession and occupation - There is no inconsistency between the original..........
