Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Amendment of plaint - Order allowing amendment of plaint by first appellate Court - Not challenged by defendant no.2 and the same attained finality - Same cannot be challenged for the first time in second appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Original suit is for permanent injunction - Plea for introducing suit for separate possession by way of partition by metes and bounds would be totally separate cause of action and that would change nature of suit - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to raise plea of separate possession - Such plea for separate possession by way of partition by metes and bounds is totally a separate cause of action which will change nature of suit - Application rightly dismissed...........
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..........
Constitution of India, 1950, Article 233, 234 -- Appointment of judicial officers - Amendment of rules by State as to reservation of posts without consultation of High Court - It is illegal and unconstitutional - High Court rightly quashed the same...........
Citizenship Act, 1955, Section 3(1)(a), Passport Act, 1967, Section 6(2)(a) -- Citizenship - Claim by Tibetans - As per S.3(1) of the Act, there are three categories of person who are citizens of India by birth: (i) those born, on or after 26.1.1950, but before 1.7.1987 or (ii) those born on or after 1.7.1947, but before commencement of Citizenship (Amendment) Act, 2003..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Eviction petition on ground of bona fide necessity for business of son - Amendment of written statement sought that son of landlord started his own business - Fact that son of landlord already started a new business, does not imply that bonafide necessity of landlord..........
Indian Contract Act, 1872, Section 28 -- Amendment of S.28 w.e.f. 08.01.1997 - Nature - S.28, being substantive law, operates prospectively as retrospectivity is not clearly made out by its language - Being remedial in nature, and not clarificatory or declaratory of the law, by making certain agreements covered by S.28(b) void for the first time, it is clear that rights..........
Hindu Succession (Tamil Nadu Amendment) Act, 1989, Section 29A -- Suit for partition - Equal rights to daughter in coparcenary property - Appellant, married after the amendment - First appellate Court remitting back the matter to Trial Court for taking account of other properties inherited by appellant`s father found to be proper...........
