Protection of Women From Domestic Violence Act, 2005 -- Application under the Act - Amendment - Court under the Act has power to allow amendment of complaint if amendment becomes necessary in view of subsequent event or to avoid multiplicity of litigation, thought such power to allow amendment has to be exercised sparingly and with caution under limited circumstances...........
Industrial Disputes Act, 1947, Section 25F(c) -- Notice of retrenchment - S.25F(c) of Act is not a condition precedent for retrenchment - But it is a condition subsequent and still a mandatory condition is required to be fulfilled by employers before order of retrenchment of workman is passed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3A -- Party as its own witness - Examination of plaintiff prior to other witnesses is a rule and deviation is exception - Plaintiff wanted himself to be examined later on after examination of other witnesses - However, no sufficient reasons mentioned in application which permit plaintiff to record his statement at a..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed against Defendant No.1 for non filing of process fee - Delay of 15 years - In such like matters, application should not be dismissed on the ground of limitation and Court to take a lenient view - Application allowed so as to give finality to the litigation because defendant No.1 may not move an..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable to suits filed by parties -..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8(3) -- Mining lease - Renewal u/s 8(3) of the Act - Can be granted only if State Government expressed its satisfaction that grant of second or subsequent renewal would be in the interest of mineral development - Furthermore, second renewal or still further renewals had to also have the approval of Central..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8(3) -- Mining lease - Subsequent renewal including second or third or further renewals - Can individually extend to a period not exceeding 20 years...........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8 -- Mining lease - Renewal - In absence of express order of second or subsequent renewals, a mining lease would expire after completion of period of first renewal...........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8, Mineral Concession Rules, 1960, Rule 24A(6), (as - - Mining lease - Second and subsequent renewal - Amended R.24(6) of Rules would not extend lease period for a further period of 2 years from the of amendment...........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8A -- Mining lease - Applicability of S.8A of amended MMDR Act - Not only extend to leaseholders whose original lease/renewal lease period had not expired but would also extend to leaseholders whose term of lease/renewal has expired prior to 12.01.2015 and concerned leaseholders had moved a valid..........
