Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement at appellate stage - Word `due diligence' means diligence reasonably expected from and ordinarily exercised by a person who seeks to satisfy a legal requirement or to discharge an obligation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement at appellate stage - Suit for declaration on the basis of Will - Amendment sought to incorporate the fact that Will produced by plaintiffs has been revoked by testator through registered revocation deed, therefore, plaintiff has no right to file the suit on the basis of revoked Will - However,..........
Motor Vehicles Act, 1988, Section 138, 139, Chhattisgarh Motor Vehicle Rules, 1994, Rule 158 -- Constitutional validity of R.158 of the Rules, 1994 after amendment of 2013 - Prospective - Law laid down under R.158 of the Rules, 1994 is prospective in nature because it operates from date when it comes into force when it is enacted - Therefore, if law affects some persons..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A -- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a right to defend..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Construction raised during pendency of suit - Amendment required to be amended as cause of action accrued after filing of suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Challenge to sale deed - Proposed amendment to add particulars as to sale deed - Amendment sought clarificatory in nature - Suit filed in the year 2011 and amendment sought and allowed in the year 2015 not barred by limitation - Order allowing amendment, upheld...........
Criminal Law Amendment Ordinance,1944 -- Clause 3, Indian Penal Code, 1860, Ss.409, 468, 471 - Attachment of property of accused - Offence u/ss 409, 468, 471 IPC - Death of accused - Property in the hands of legatees cannot be attached, as criminal Court cannot continue proceedings against a dead person and proceedings for attachment of property of accused u/cl 3 of 1944..........
Criminal Law Amendment Ordinance,1944 -- Clause 3, Indian Penal Code, 1860, Ss.409, 468, 471 - Attachment of property of accused - Offence u/ss 409, 468, 471 IPC - State Government can make an application for attachment even though proceedings against accused may not yet have resulted in a conviction...........
Hindu Succession Act, 1956, Section 23(as -- Dwelling house - Right of female to seek partition - Female being class - I heir is now entitled to seek partition of dwelling house in view of amendment of S.23 of the Act - Even though suit filed prior to said amendment but since the lis is continuing in second appeal which is already admitted, there arises no legal objection..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - If leave to amend pleadings is granted then permission to the other party to consequently amend the pleadings is normally granted - However, no new plea can be permitted to be added in the garb of a consequential amendment though it can be applied by way of an independent amendment. (Gurdial Singh and..........
