Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Appellate Court set aside decree and remanded the matter - Once decree passed by trial Court is set aside, parties are at liberty to assert rival claims afresh - Proposed amendment sought to bring on record events subsequent to decree passed by trial Court - Amendment allowed...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Rights under amendment of 2005 are applicable to living daughters of living co-parcenars as on 9.9.2005, irrespective of date on which such daughters were born...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Question of due diligence arises for consideration only when application is filed after commencement of trial - Though it is not mandatory to allow application if filed prior to trial, it would not be proper to hold that there is lack of diligence even when application is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for permanent injunction - Amendment sought to add relief of declaration - By adding relief of declaration basic structure of suit is not altered - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Leave to amend - May be refused if it introduces a totally different, new and inconsistent case or changes fundamental character of the case...........
Civil Procedure Code, 1908, Order 7, Rule 17 -- Proviso - Proviso to O.7.R.17 CPC prevents application for amendment of pleadings from being allowed after trial has commenced unless Court come to conclusion that in spite of due diligence party could not have raised matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit is at the stage of final arguments - Any amendment in written statement at the fag end of suit, cannot be permitted, particularly when suit was filed way back in the year 1987 - Even otherwise, defendant sought amendments with respect to facts which were available/known even at the time..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Fact disclosed to previous counsel but he did not incorporate the same in written statement - Reason disclosed for not incorporating the plea in written statement before commencement of trial does not fall under the exception carved out under proviso to O.6.R.17 CPC - Order rejecting..........
Constitution of India, 1950, Article 311(2) -- Removal from service - Requirement of second show cause notice of proposed punishment is omitted by 42nd Amendment to Art.311 of Constitution - There is thus, no necessity of communicating proposed punishment which was specifically contemplated by Art.311(2) of Constitution prior to Amendment to Art.311 of Constitution -..........
