Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 23 -- Amendment u/s 23(1) of 1922 Act - Applicability - Award passed prior to date of commencement of amendment, hence, provisions for payment of enhanced compensation u/s 23(1) of 1922 Act will not apply...........
Arbitration and Conciliation Act, 1996, Section 12, 13, 14 -- Amended Act - Applicability - Invocation of arbitration on 29.07.2015, Arbitrator appointed on 19.08.2015, parties appeared before Arbitrator on 07.10.2015 well before 23.10.2015 i.e. the date on which Amending Act came into force - Statutory provisions that govern the present controversy are those which were in..........
Arbitration and Conciliation Act, 1996, Section 12 -- Appointment of arbitrator - Mere fact that named arbitrator happened to be an employee of one of parties to arbitration agreement has not by itself, before Amendment Act 2015 came into force, rendered such appointment invalid and unenforceable, so long as there is no justifiable apprehension about his independence or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - No amendment should be allowed to put plaintiff to retrievably prejudice for being denied with opportunity of extracting the admission already made by defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Ownership of plaintiff admitted by defendants in their written statement - Amendment sought to introduce a new plea that suit property was wrongly recorded in the name of plaintiff, which is contrary to the admission made in written statement - Proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All bonafide amendments should be allowed and even plea of elaboration of defence in support of earlier plea taken in written statement can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or ejecting the prayer of amendment - At the same time, Court is not obliged to go into correctness or falsity of case of either side in amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Case fixed for defendant's evidence - Amendment sought to incorporate certain words which were inadvertently omitted - Delay in filing application for amendment cannot be ground for rejection of same, as no prejudice is going to be caused to plaintiff, particularly in view of fact that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
