Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Under the amended S.6, since the right is given by birth, that is an antecedent event, and the provisions operate concerning claiming rights on and from the date of Amendment Act...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Provisions contained in S.6(4) also make it clear that provisions of S.6 are not retrospective as the rights and liabilities are both from the commencement of the Amendment Act...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Daughter would step into the coparcenary as that of a son by taking birth before or after the Act - However, daughter born before can claim these rights only with effect from the date of the amendment, i.e., 9.9.2005 with saving of past transactions as..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law -..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time...........
Income Tax Act, 1961, Section 40(a)(ia), 3, 4, 2(9) -- Proviso - Tax deduction at source - Disallowance u/s 40(a)(ia) as introduced by Finance Act, 2004 with effect from 01.04.2005 - Applicable to case of assessee relating to assessment year 2005-2006 - Assessee having defaulted at every stage, benefit of amendment made in year 2014 is not available to him...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of encroachment to an extent of 20 guntas sought to be amended by 30 guntas - Question of alleged encroachment and extent of alleged encroachment are issues to be decided at the stage of final disposal of suit - At the time of considering application for amendment, merits of proposed amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought explanatory in nature and is imperative for proper and effective adjudication of case - Neither it changes nature of suit nor does it cause any prejudice to defendant - Moreover, trial of case has not yet commenced and suit is fixed for hearing on application U.O.7.R.11 CPC - Amendment..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
