Showing : 21-30 of 373 Results

KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Amendment sought to include averment in respect of one more property which is a joint family property - Existence of property in question could not be ascertained while filing additional written statement, in spite of due diligence on the part of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - After commencement of trial - Suit for declaration and permanent injunction - Amendment sought was within knowledge of plaintiff even prior to filing of suit - Amendment if allowed would materially change nature of suit - Amendment rightly, rejected...........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Yardstick for considering amendment petition filed after commencement of trial is not only whether a separate suit on same facts and for same relief is not time barred but also whether petitioner could show plausible cause that in spite of due diligence he could not raise..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - Court can allow amendment at this stage only if defendants are able to show that despite due diligence, amendment could not be sought before commencement of trial...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - Application cannot be dismissed merely on the ground of delay in seeking amendment - However, the ends of justice are to be seen not with reference to only one party, but, keeping view interest of all parties going to be affected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - There is not only delay but also amendment will cause serious prejudice to plaintiff as replacement of the words `tin roof' with `cement roof' would have wide impact on the stand of parties and relevant pleadings related thereto -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5)-- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not come in way of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Subsequent events - Said events occurred after filing of suit and already on record in chief examination of PW1, who already cross-examined by defendants - It cannot be said that these subsequent events cannot be brought on record by way of amendment, particularly, when no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Drugs and Cosmetics Act, 1940, Section 36(AB)(as-- Special Court - Manufacturing/sale of spurious and misbranded drugs - Petitioners were charge sheeted when amendment to S.36(AB) already came into force - S.36(AB) of the Act provides trial of offences relating to spurious drugs by `Special Courts' only - Trial Court failed to notice the amended..........

Showing : 21-30 of 373 Results