Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - By legal representatives - L.R's have the same right as possessed by deceased - Had the deceased been alive he would have the right to seek amendment of written statement as such right of amendment of written statement cannot be denied to the legal representatives...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Normal rule is that amendment when allowed it relates back to date of filing of suit but when question as to whether relief sought is bared by time or not has been left open then doctrine of relation back does not get attracted...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 17 -- Plaint - Amendment seeking addition of a party - Plea of non joinder of necessary party in written statement - Amendment of plaint sought six years thereafter - Order allowing amendment set aside...........
Consumer Protection Act, 1986, Section 27 -- Section 27 (pre-amended) - Penalties - Validity of preamended provisions of Section 27 of the Act Challenged before the Kamataka High Court and the High Court struck down proviso to Section 27 of the Act - The proviso which has been struck down stood omitted by amendment Act of 2002 - The controversy having become academic..........
Consumer Protection Act, 1986, Section 27 -- Section 27 (pre-amended) - Penalties - Validity of preamended provisions of Section 27 of the Act Challenged before the Kamataka High Court and the High Court struck down proviso to Section 27 of the Act - The proviso which has been struck down stood omitted by amendment Act of 2002 - The controversy having become academic..........
Land Acquisition Act, 1894, Section 23 -- Amendment on 24-9-1984 retrospectively applicable from 30-4-1982 - Appellants entitled to amended rates of solatium at the rate of 30% in view of the amendment - Also entitled to interst at the rate of 9% p.a. from the date of taking possession of the acquired land for one year and thereafter at the rate of 15% p.a. till the date..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration - Amendment to incorporate the alternative prayer regarding possession - By allowing such an amendment neither the cause of action nor the nature of suit will change - Amendment allowed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiting period of 6 months - Waiving of - Petition for divorce pending for more than 3 years - By amendment petition for divorce sought to be converted to be one u/s 13-B of the Act - Amendment allowed - Divorce granted by waiving waiting period of 6 months...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Application filed at the verge of conclusion - However in interest of justice and for just decision in case, petitioner can be given chance by allowing amendment sought for - Amendment allowed subject to payment of cost of Rs.5,000/- to each of respondents...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration challenging Civil Court decree - During pendency of suit, plantiff dispossed from suit property - Amendment sought claiming decree of possession - Trial Court declined the amendment - The question whether plaintiff is in possession on the date of filling suit or she has been..........
