Punjab Regional and Town Planning and Development Act, 1995, Section 45(3), Constitution of India, 1950, Article 226 -- Resumption of property - Forfeiture of 10% amount of consideration - S.45(3) prior to its amendment applicable - Estate Officer was entitled to forfeit an amount upto 10 percent of the consideration - Issue as to whether entire amount of 10 per cent ought..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be allowed to introduce with a new set of facts causing prejudice to any of rights acquired to a party due to lapse of time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to whether property in dispute is a..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for amendment of plaint - Application by defendant for rejection of plaint - Application for amendment of plaint has to be considered first before considering application for rejection of plaint - Application for rejection of plaint whether U.O.7.R.11(a) or u/r 11 (d),..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate the words `along with structure' - Plaintiff merely wants to rid the plaint of this vagueness by incorporating a specific averment in description that suit premises consists of plot of land with structure - Omission was due to typing mistake - Defendant's..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 CPC is in two parts: (i) First part is discretionary and leaves it to Court to allow amendment in the pleadings and; (ii) Second part is imperative and enjoins the Court to allow all amendments which are necessary for determining real issue between parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments be allowed which satisfies the two conditions, viz. (i) it should not be unjust and result in prejudice against the opposite party and it could not be compensated in terms of cost or would deprive the opposite party for a valuable right which has accrued to him with the passage of time;..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Stage of litigation is a relevant factor for allowing or rejecting amendment in the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - If prima facie statement made in application for amendment is proved to be incorrect, then such disputed pleadings cannot be allowed to be inserted in the pleadings by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Typographical error - Difference in mentioning of registration number of truck in question is on the premise of typographical error - Since two of plaintiffs witnesses have been examined and delay in itself is no ground to decline the proposed amendment which is otherwise very essential..........
