Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Decree for specific performance - Description of property found different during execution proceeding - Court Amin made an endorsement and returned warrant of delivery of possession in respect of suit property for the reason that description of property differs from sale deed executed in favour of plaintiff -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Inconsistent plea sought to be taken by way of amendment - Amendment if allowed will take away the right which has already accrued to defendant by virtue of pleadings - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - Sought after commencement of trial - Irrespective of specific objection by opposite party, it is duty of Court to satisfy itself that applicant inspite of due diligence, could not have filed the application at an earlier stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - If a daughter is alive on the date of enforcement of Amendment Act, she becomes a coparcenar w.e.f. date of Amendment Act irrespective of date of birth earlier in point of time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment of survey no. and boundaries - Amending sought will not change nature of suit and will not introduce a new cause of action - Application for amendment is bona fide - No prejudice is caused to other side by allowing amendment - Application for amendment rightly..........
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 challenges fundamental character of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption (Amendment) Act, 2018, Section 13(1)(B), 13(2) -- Bail - Assets disproportionate to known source of income - Prima facie prosecution failed to convince Court that accused owns income which is disproportion income which is more than 10% to known source of income - Accused proved that he possesses more than..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant admitted having taken premises on rent from plaintiff - Amendment of written statement sought by defendant to deny title of plaintiff - Defendant is estopped from denying title of plaintiff to the premises in question particularly for defendants' admission - Amendment rightly..........
