Civil Procedure Code, 1908, Order 6, Rule 17 -- Consequential amendments and amendment of clerical mistakes do not change the nature of suit and these amendments should be allowed...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Amendment of schemi khal provided during repartitio, Cannot be ordered under Section 42 - Exclusive jurisdiction of authorities under Canal Act - Northern India Canal and Drainage Act (8 of 1873). The Legislature has enacted a specific statute for providing a watercourse to a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Not to be allowed in every case - Amendment if introduces a totally different, new and inconsistent case - Should be refused - Amendment of written statement if wholly displaces plaintiff's suit - Not to be allowed. Where the plaintiff's suit would be wholly displaced by the proposed amendment or..........
Land Acquisition Act, 1894, Section 4(3) - - Expression "market value" - Not the same thing as compensation - Does not include "solatium" the additional amount of 15 per cent payable under Section 2 (2) of Land Acquisition Act - Land Acquisition Act (1 of 1894), Section 23(2). The expression "market value" in Section 4(3.) of the Land Acquisition (Amendment and Validation)..........
Punjab Gram Panchayat Act, 1952, Section 5, 6, Punjab Gram Panchayat Act, 1953, Section 5, 6 - - Gram Panchayat in State of Haryana - Competent to sue and be sued in its own name. As the result of the Punjab Gram Panchayat (Haryana Amendment) Act (19 of 1971), which came into force on 4th May, 1971, a Gram Panchayat in the State of Haryana is competent to sue or be sued in..........
Land Acquisition Act, 1894, Section 18 -- Landowner's application under Section 18 gave correct particulars of land but by mistake gave wrong number and date of award - Collector forwarding wrong award to the Court - Court can allow amendment under Order 6 Rule 17 of Code of Civil Procedure as long as Court was in seisin of the proceedings - Section 153 Civil Procedure..........
Land Acquisition Act, 1894, Section 18 -- Clerical or accidental error in landowner's application under Section 18 - Amendment of - Collector can allow - Civil Procedure Code (5 of 1908), Order 6 Rule 17. The Collector can allow amendment of original petition under Section 18 of the Land Acquisition Act...........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 49 -- Explanation as inserted vide Amendment No XXXIX dated February 11, 1960 - Cannot be given retrospective operation - Effective for future from the data it was added - Central Government has no power under Section 40 to make retrospective rule - Displaced Persons (Compensation and Rehabilitation) Act..........
Haryana Gram Panchayat Election Rules, 1971, Rule 12(2) -- Nominated candidate cannot be equated with elected Panch - Panch means a member of Gram Panchayat whether oath has been administered to him or not - Sub - rule (2) of Rule 12 has no application where election has already taken place - Punjab Gram Panchayat Act (4 of 1953) as amended by Haryana Amendment Act, 1971,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of 'written statement - New and inconsistent plea - Cannot be allowed - Words "new case" - Mean new set of ideas. In the case of an amendment of the written statement the amendment should not be granted if it would convert the defence into another of a different and inconsistent character. (Para 20) The words "new..........
