Securities and Exchange Board of India (Amendment) Act, 2002, Section 26(2) -- Trial of offences - Change of Forum - In case, where the concerned Court has not taken cognizance and commenced trial, in consonance with unamended provision - No vested right can be claimed with reference to `forum'...........
Securities and Exchange Board of India (Amendment) Act, 2002, Section 26, 26(B) -- (as inserted by Amendment Act of 2014) - Trial of offences - Change of forum - Inserted provision S.26B of the Act provides for change of forum and authorizes Special Court to take cognizance of offence under SEBI - While interpreting the statutes considering the legislative intent, such..........
Securities and Exchange Board of India (Amendment) Act, 2002, Section 26, Trial of offences -- Effect of amendment on right of revision - Remedy of revision is not considered as right of accused - Therefore, absence of remedy of revision in amendment Act, cannot be considered as deprivation of right...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner and his heirs refused to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment allowed on following grounds: (i) proposed amendment is on facts and defendants in substance seek to elaborate facts originally pleaded in written statement; (ii) it is in nature of amplification of defence already taken; (iii) it does not introduce any new defence compared to what..........
Punjab Custom (Power to Contest) Act, 1920, Section 7 -- Effect of amendment - Suit for declaration - Amendment to S.7 of the Act is retrospective in nature, applicable only to proceedings pending on date when amendment came into force. i.e 1973 or where proceedings were initiated after date of amendment - Suit filed in 1962 and appellant Court passed the decree in 1965,..........
Civil proceedings -- Effect of amendment - If rights of parties already been crystallized then subsequent change in law would not take away such rights which attained finality due to lis coming to end inter se parties prior to such change...........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Amendment of written statement - Typographical error in the tabulated information, which is apparent on the face of record - S.153 CPC authorizes the Court to allow correction at any stage even after case is decided - Even otherwise, once it is established that there is a typographical error in the pleadings..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Sentence - Prosecutrix and accused, both adolescents having love affair - She left her parent's house voluntarily without any force - Both of them stayed together for around 10 days and nature of sexual intercourse was consensual - Moreover, accused already undergone imprisonment for 2 years 9 months -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of affidavit - Affidavit is not pleading within definition of O.6.R.1 CPC - Amendment of affidavit is not permissible - However, petitioner is entitled to file an appropriate affidavit or additional affidavit after obtaining leave of Court...........
