Hindu Succession Act, 1956, Section 6 -- Amendment of S.6 of the Act - It is prospective in nature and not retrospective...........
Hindu Succession Act, 1956, Section 6(as -- Amendment of S.6 of the Act - It is declaratory in nature and it is dealing with substantive, vested rights governed by Hindu Law...........
Hindu Succession Act, 1956, Section 6, 29A -- Right of daughter - Partition - Succession opened on the date of commencement of State amendment - Law prevailing on the date of opening of succession alone is applicable, not the law which came into force subsequent to opening of succession - Central Amendment of Act of 2005 of S.6 of the Act, therefore, cannot be given..........
Hindu Succession Act, 1956, Section 6, 29A(Andhra -- Right of daughter - Partition - Property originally belonged to grandfather of plaintiff and it was his self acquired property - Self acquired property of grandfather of plaintiff which defendant no.1/ father of plaintiff succeeded though ancestral property but not coparcenry property, thus declared as his separate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - It is mandatory on Court to allow all amendments which are necessary for purpose of determining real question in controversy between parties - At same time, Court is not obligated to go into correctness or falsity of case of either side in amendment - Court should not record any finding on merits of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Rule of amendment is essentially rule of justice, equity and good conscience and it has to be exercised in larger interest of doing complete justice to parties - All bona fide amendments necessary for determining issue between parties should be allowed - First part of R.17 CPC gives directions to Court,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Both parties have lead their evidence - Typographical error - Amendment in question is not proved to be bonafide as there will be vertical change in stand of plaintiff, instead of Northern and Eastern portion of alleged encroachment, now portion will be Northern and Eastern and Western - Total dimensions..........
Indian Contract Act, 1872, Section 62 -- Novation - Two arbitration agreements - Subsequent agreement in the nature of amendment to prior agreement and subsequent agreement not resulted in substituting or rescinding or extinguishing prior agreement - It cannot be said that there is novation of contract, as prior agreement became part of subsequent agreement - Moreover,..........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Court has power to alter issues at any time before pronouncement of judgment - But, when a party seeks for amendment of issues or recasting of issues, it is incumbent on party to show as to how Court has not properly dealt the facts affirmed by one party and denied by another party while framing issues...........
