Civil Procedure Code, 1908, Order 43, Rule 1-A -- Challenge to non-appealable orders in appeal against decree - Application for amendment of plaint before First Appellate Court - Declined - Appeal dismissed - Second Appeal - Order declining amendment challenged in second appeal - Objected to - Plaintiff has right to challenge order declining amendment in plaint in appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession by way of redemption - Application for amendment moved in first appeal - Date of mortgage, particulars of mortgagors and amount of mortgage sought to be amended - Declined on the ground that amendment will challenged nature of suit, introduce altogether new case and period of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant absent and no evidence on his behalf recorded - Contention that post amendment of CPC, provision of O.17.R.3 CPC attracted and that application U.O.9.R.13 is not maintainable, rejected - Held, application U.O.9.R.13 is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at second appellate stage - A new plea cannot be allowed to be raised for the first time at the second appellate stage which necessitates do novo trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement -Amendment sought after completion of evidence - No amendment can be allowed qua the facts which were in the knowledge when original written statement was filed...........
Electricity Act, 1910, Section 39, 44, 50 -- Theft of Electricity - Person competent to lodged FIR - Deputy Executive Engineer, member of raiding party is competent to lodge FIR for theft of electricity, in view of amendment of provision of Section 50 of the Act...........
Electricity Act, 1910, Section 39, 44, 50 -- Theft of Electricity - Person competent to lodged FIR - Deputy Executive Engineer, member of raiding party is competent to lodge FIR for theft of electricity, in view of amendment of provision of Section 50 of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872, Section 28 (as amended w.e.f. 08.01.1997) - Insurance claim - Repudiation - Complaint - Filing of - Limitation - Complaint dismissed on ground that repudiation of the claim Intimated on 27.04.1995 and complaint filed on 24.01.1996 i.e. after three months contrary to clause in the insurance policy - Plea..........
Consumer Protection Act, 1986, Section 2(1)(d) -- (as amended on 15.03.2003) - Consumer - Commercial purpose - The amendment made on 15.03.2003 whereby phrase `but does not included a person, who availed of such services for any commercial purpose' could not be applied with retrospective effect - Insofar as services are concerned, relating to matters which was filed before..........
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 -- Caste Scrutiny Committee - Jurisdiction - Caste Scrutiny Committee can go into the validity or otherwise of the certificate granted by the authorities...........
