Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration of title and permanent injunction - Proposed amendment not brought to knowledge of defendant's counsel during preparation of written statement, but on perusal of record, error come to knowledge - Reason assigned by defendant seems to be just and bonafide - Defendant could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate correct valuation and Court fee payable - Same ought to have been allowed so as to facilitate curing defect in the suit - Munsiff Court directed to consider the amendment application and pass orders before staring trial...........
Service -- Pension Scheme - Amendment in Pension scheme - Retrospective effect - Employees who availed benefit of pension under scheme, indeed their right stood vested and accrued to them - Any amendment to contrary which has been made retrospective operation to take away right accrued to retired employee under existing rule certainly is not only violative of Art.14 of..........
Service -- Pension Scheme - Amendment in Pension scheme - Retrospective effect - Non-availability of financial resources would not be a defence available to employer in taking away vested rights accrued to employees under the Pension scheme that too when it is for their socio-economic security...........
Police Act, 1861, Section 46(2), 2 -- Uttar Pradesh Sub-Inspectors and Inspectors (Civil Police) Service Rules, 2008, R.15(b) [as amended by amendment Rules of 2015) - Post of Sub-Inspector of Police - Application of Normalisation of marks - Petition seeking quashing of results - Contention of candidates who has secured more than 50% actual marks, that those candidates who..........
Protection of Children from Sexual Offences Act, 2012, Section 15 -- (Prior to amendment Act of 2019) - Offence u/s 15 of the Act - S.15 of the Act before the amendment, takes in only storage of pornographic material for commercial purposes alone - Since alleged act is prior to the substitution of Act of 2019, alleged act of accused of storing pornographic material of..........
Service -- Compassionate appointment - Claimed by unmarried brother of deceased - Employee died on 8.12.2010 - Claim of respondent is based on amended Rules, 2012 which extends benefit of compassionate appointment to unmarried dependent brother of unmarried female employee - However, amendment to the Rules, 2012 was proposed by way of draft notification on 20.6.2012 and..........
Indian Penal Code, 1860, Section 375 -- Prior to amendment - Rape - False promise of marriage - If a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape u/s 376 IPC, unless it is established that consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to..........
Indian Penal Code, 1860, Section 376 -- Prior to amendment - Rape - False promise of marriage - Promise to marriage was given after alleged sexual act and not at initial stage - It cannot be said that victim gave consent relying upon false promise of accused that he will marry her - Sexual intercourse between victim and accused if any as alleged by prosecution, was a..........
Consumer Protection Act, 1986, Section 13(2), 22 -- Consumer complaint - Amendment - Complainant cannot be compelled to amend complaint, as party which moves the forum is dominus litis and is entitled to decide whether or not to amend pleadings or to pursue complaint, as it stands...........
