Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Magistrate after examining complainant u/s 223 BNSS and noticing absence of supporting material has consciously chosen not to direct registration of an FIR but instead to invoke S.225 BNSS in order to conduct an inquiry himself to deliberate upon question of cognizance and thereafter either to..........
Contract -- Termination and blacklisting - Show Cause notice - Decision to blacklist is independent of decision to terminate and department must demonstrate application of mind before it takes next step of blacklisting the contractor over an order of termination - Upon taking such a decision, it must also issue a show cause notice calling upon contractor to explain why a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment - Mere delay in isolation may not be fatal, but its impact cannot be overlooked where proposed amendment seeks to withdraw clear admissions and fundamentally alter stand earlier set up - In such circumstances, delay assumes a material character, particularly when no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendments does not merely elaborate or clarify defence, rather, it completely displaces earlier admissions and substitute an entirely contrary case - Delay of more than four years in seeking amendment also assumes considerable significance - Belated attempt to resile from earlier..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Proposed rejoinder is intended only to specifically traverse and rebut new factual assertions introduced in written statement - Bar against raising a new case through subsequent pleadings is not attracted - Issues in suit are yet to be framed and both parties will have adequate opportunity to lead evidence -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a stranger - Suit for specific performance - Suit filed by plaintiff and issues arising therefrom can very well be adjudicated inter se between existing parties without impleading proposed party as defendant - Merely because proposed party has filed other suit with regard to same subject matter does not ipso..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary for adjudication of real dispute between parties and does not alter the nature or scope of proceedings - Amendment sought pertains to subsequent development that arose post filing of suit and is intrinsically connected with core dispute - Application rightly allowed...........
