Indian Penal Code, 1860, Section 147, 148, 149, 427, 307, 323, 504, 506, Criminal Law Amendment Act, 2013, Section 7, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3, Prevention of Damage to Public Property Act, 1984, Section 2, 3 -- The impugned FIR and the gang chart fail to meet this essential threshold, as they rest largely on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the time of deciding application for amendment, merits of amendment are not to be seen...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Amendment sought only to correct typographical mistake in mentioning of khasra number - Said amendment is necessarily required to be allowed - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Additional/alternate prayer - Suit for declaration of ownership - Amendment sought to incorporate prayer of joint possession in the alternate - Said amendment is necessarily required to be allowed - Petitioner should be permitted to make an additional/alternate prayer, as the case of petitioner should..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Limitation - No period of limitation is prescribed either in CPC or in Limitation Act for making an application for amendment of pleadings - O.6.R.17 CPC permits a party to alter or amend his pleadings at any stage of the proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Courts are endowed with large discretionary jurisdiction in considering amendment of pleadings in written statement which would even permit adding a new ground of defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Original written statement itself disputed the title of plaintiff over suit property - Specific averment in written statement that plaintiff ought to have asked for a declaration cannot be said to be something that amounted to new defence or debarring plaintiff from the advantage of relying on..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of title and permanent injunction - Limitation starts from date of knowledge - Time starts when defendant has filed objection before Tehsildar for amendment of record on 10.07.2010 - Plaintiff who is in possession of said land, filed suit for declaration and permanent injunction on 9.10.2013 is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Categorical admission made by plaintiff cannot be allowed to be amended - Application rightly rejected...........
