Showing : 571-580 of 19731 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Hearing of second appeal is open for any other substantial question of law, even if not formulated earlier, only in exceptional cases and for strong and convincing reasons, to be specifically recorded by High Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Legal representative - Once estate of deceased party is sufficiently represented, there is no question of any abatement...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 320-- Compromise - Non-compoundable offence - Where dispute between parties predominantly or overwhelming seems to be of a civil nature and dispute is a private one between two private parties, even though offences alleged are no, compoundable, offences can be compounded...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Leave to amend - Can be refused if it introduces totally different, new and inconsistent case or challenges fundamental character of the suit...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Marking of document - Marking of copy of deposition of third party itself is not accordance with law of evidence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Proviso to O.6.R.17 CPC curtails absolute discretion to allow amendment at any stage - Therefore, burden is on the person who seeks an amendment after commencement of trial to show that in spite of due diligence, such an amendment could not have been sought earlier...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Though normally amendment is allowed in the pleadings to avoid multiplicity of litigation, Court needs to take into consideration whether application for amendment is bona fide or mala fide and whether amendment causes such prejudice to the other side which cannot be..........

Showing : 571-580 of 19731 Results