Constitution of India, 1950, Article 32, 14, Uttar Pradesh Basic Education Act, 1972, Section 19, 23(1) -- U.P. Basic Education (Teachers) Service (16th Amendment) Rules, 2012 - Appointment as teachers - Validity of Amendment Rules 2012 - Plea that State Amendment Rules are in conflict with Notification dt.11.02.2011 issued by NCTE - U/s. 23(1) of Act NCTE does not power..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Second application - Rejection of first application - Second application on the same cause of action is not maintainable...........
Stamp Act, 1899, Section 47A(4A)(as -- Deficient stamp duty - Charging of interest - Liability to pay interest introduced in S.47-A of the Act through amending Act of 2002 - On date of execution of instrument there was no such provision for payment of interest on deficiency of stamp duty - Demand of interest cannot be placed upon petitioner from date anterior to date of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for permanent injunction - Amendment sought at appellate stage after dismissal of suit - No plausible explanation as to why same was not sought in trial Court when plaintiffs was conscious of the same at the time of filing written statement - Amendment cannot be allowed - Petition..........
Arbitration and Conciliation Act, 1996, Section 8(1) - - Reference to arbitrator - Effect of amendment Act of 2015 : (i) disputes which are to be adjudicated and governed by statutory enactments, established for specific public purpose to sub-serve a particular public policy are not arbitrable; (ii) there are vast domains of legal universe that are no, arbitrable and kept..........
Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Written application for interim maintenance is necessary after amendment of Cr.P.C. in 2001...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after about one year of discovery of document on the basis of which amendment of written statement is sought - No explanation as to why amendment was not sought at the material time - Due diligence on part of defendant not proved - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Subsequent events i.e payments made on four different occasions is intended to be brought on record by way of amendment - It will not change nature of suit, as it is nothing but continuation of cause of action that arose on date of filing of suit - No prejudice will be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Object - Court can permit amendments to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings can be allowed when : (i) amendment does not alter basic structure or nature of claim; (ii) amendment does not take away valuable right that accrued to respondent; (iii) amendment does not amount to withdrawing unequivocal admissions made in pleadings...........
