Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Party cannot ordinarily be permitted to withdraw clear and categorical admissions made in pleadings, particularly when such admissions confer a valuable right upon opposite party...........
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, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Once complainant himself expressed complete satisfaction with professional services rendered by advocate and categorically sought to withdraw complaint, very substratum of disciplinary proceedings ceased to exist - Order holding advocate guilty of professional misconduct, unsustainable...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter affidavit - Defendants are trying to withdraw clear admission made by them by way of proposed amendments - No valid reasons were mentioned in affidavit filed in support of application as to why proposed amendment is necessary for effective adjudication of lis pending between parties - Order allowing..........
Service -- Withdrawal of resignation - Employee has withdraw his resignation before its acceptance by authority concerned - Since employee has rendered 23 years of unblemished service, it will be unjust to interpret few letters exchanged between parties to hold that employee has deliberately and consciously resigned, particularly when he has been contesting the case for..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - Plaintiff has an unfettered/absolute right to withdraw/abandon part of their claim in plaint U.O.23.R.1 CPC without seeking any leave to file a fresh suit...........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Wife refused to consent for divorce after withdrawing the amount deposited by husband in terms of compromise and also withdrew the fixed deposit - She cannot withdraw from application by saying that one part of application which is in her favour was entered into voluntarily while that which imposes obligation on..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Not filed with leave of Court - Such replication cannot be considered as part of pleadings - Permission granted to withdraw such replication - No interference in order warranted - However, defendant shall be at liberty to confront plaintiff based on statement, if any, made in the replica in question...........
