Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - At the belated stage - Proposed amendment is not found to be necessary for the purpose of determining real question of controversy between parties - On the death of defendants when their LRs were brought on file, plaintiff could have asked for amendment at that stage but it was not done - Now,..........
Service -- Compassionate appointment - Claimed by divorced daughter - An `unmarried daughter' and `widowed daughter' only can be said to be eligible for appointment on compassionate ground in case of death of female Government servant as per Rr.2, 3 of Karnataka Civil Services Rules - Said Rules do not include `divorced daughter as eligible for appointment on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit - There is no necessity to seek withdrawal of suit when a formal defect can be rectified by way of amendment...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1, 3 -- Withdrawal of suit - Partition suit - Plaintiff wanted to withdraw the suit on the ground that some more parties and some more properties are to be added - However, plaintiff has liberty to file a petition U.O.1.R.10 CPC seeking amendment of plaint - Instead of availing such remedy, plaintiff seeks to totally..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Court can allow amendments to pleadings, as may be necessary, for the purpose of determining the real question in controversy between the parties - Where application is moved after trial has commenced, even then court may allow amendments, on being satisfied that averments sought to be introduced by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Effective adjudication of controversy and avoidance of multiplicity of judicial proceeding are factors that have to be considered...........
Payment of Gratuity (Amendment) Act, 2010, Section 1(2) -- Effect of amendment - Whether retrospective or prospective - Date of commencement fixed by Executive in exercise of power delegated by amending Act, cannot be treated to be retrospective as benefit of higher gratuity is one time available to employees only after commencement of Amending Act...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Amendment of pleadings - There is no bar to amendment of pleadings in an application u/s 7 of the Act or to filing of additional documents, apart from those initially filed along with application u/s 7 of IBC in Form-1...........
