Punjab Town Improvement Trust Act, 1922, Section 59 -- Land Acquisition - Amendments in Land Acquisition Act - Applicability - As far as the amendments introduced in the Acquisition Act, 1894 relating to determination and payment of compensation u/s 23(2) and 28, as amended by the Amendment Act, 1984, would be applicable to the acquisitions under the State Acts and Section..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought before framing of issues i.e. before commencement of trial - Merits of plea sought to be taken by amendment cannot be gone into at the stage of deciding the amendment application - Since amendment sought are wholesale amendments in the plaint and challenging large number of documents including..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cancellation of sale deed - Suit for - In the objection, opposite party No.1 by way of amendment introduced total new story - She did not file any application to amend her original plaint which indicates that sale transaction had taken place and due to non payment of consideration amount suit was filed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - It will certainly cause serious prejudice to the case of plaintiff - Such amendments are not allowed - Other proposed amendment not necessary for the purpose of determining the real question in controversy between the parties - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought not necessary to decide the controversy in the suit - Unless it is established that defendant was diligent and he could not plead all those proposed amendments at the appropriate point of time, defendant is not entitled to seek amendment of written statement - Dismissal of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - While deciding applications for amendments the courts must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide, worthless and/or dishonest amendments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Illustrative but not exhaustive factors to be kept in mind while deciding application for amendment of pleadings are : (1) Whether the amendment sought is imperative for proper and effective adjudication of the case? (2) Whether the application for amendment is bona fide or mala fide? (3) The amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Costs - Purpose to impose costs is to : (a) Discourage mala fide amendments designed to delay the legal proceedings; (b) Compensate the other party for the delay and the inconvenience caused; (c) Compensate the other party for avoid- able expenses on the litigation which had to be incurred by opposite..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment seeking determination of real question of controversy can be permitted at any stage of the proceedings - Pre-trial amendments are to be allowed liberally than post trial - In pre-trial amendment opposite party is not prejudiced because it gets an opportunity of meeting the proposed amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendments to plead material facts left by oversight and which does not cause prejudice to other side would be allowed...........
