Showing : 91-100 of 269 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6-- Eviction petition - New ground of eviction sought by way of amendment - Does not relate back to date of suit...........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Amendment of petition - To claim enhanced maintenance - There is no specific prohibition in the Cr.P.C. for allowing the petition for amendment in the proceedings under Chapter IX of the Code - Amendment allowed...........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Amendment of petition - To claim enhanced maintenance - Proceedings u/s 125 Cr.P.C. are criminal in nature - Provision of O.6.R.17 CPC cannot be made applicable for amendment of a petition in a proceeding u/s 125 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Election petition - Amendment - Permissibility - Amendment sought to furnish the name of one more voter - Averments point out that there was omission notwithstanding the exercise of due diligence earlier - Held, amendment of election petition liable to be allowed...........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 89, Order 6, Rule 17- - Election petition - Amendment - Bar of limitation - Amendment was filed almost 15 months after declaration of result - Amendment proposed is not in relation to a `material fact' pleaded on which the cause of action is founded - Election petition continues to be u/s 76(3) r/w S.102(1)(d)(iv) of..........
KERALA HIGH COURT
Year of decision: 2012
Details
Kerala Panchayati Raj Act, 1994, Section 76(3), 102(1)(d)(iv), 93, 94- - Election petition - Amendment - Factors to be born in mind - Held, a distinction between `material facts' and `particulars' has to be borne in mind while considering an application for amendment of election petition - `Material facts' are primary or basic facts which must be pleaded in support of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - On ground of personal necessity - Death of NRI landlord during pendency of petition - Dependent wife seeking amendment of eviction petition that even after death of her husband she requires the premises for business and residence - Even in the absence of pleading, requirement..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, 15, Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Ejectment petition is stated to have been filed in August, 2008 on the ground of personal necessity - Amendment application was moved in November, 2011 i.e. after three years three months - Held, amendment application filed to delay disposal of ejectment petition -..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given..........

Showing : 91-100 of 269 Results