Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing amendment of pleadings, illustratively and not exhaustively are : (i) whether the amendment sought is imperative for proper or effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice..........
Hindu Law -- Partition suit - Contempt of Court - Plaintiff filed suit for partition on frivolous grounds claiming rights in self acquired property of first defendant and also in properties which were partitioned long back between him and first defendant - He approached this Court by invoking contempt jurisdiction with a mala fide intention - Held, keeping in view the..........
Constitution of India, 1950, Article 226 -- Judicial review - Contractual matter - Exercise of - Held, judicial review of matters that fall in the realm of contracts is also available before superior courts, but the scope of any such review is not all pervasive - It does not extend to Court substituting its own view for that taken by the decisio, making authority -..........
Criminal Procedure Code, 1973, Section 2(h), Constitution of India, 1950, Article 226 -- Investigation - IO exercising power of investigation mala fide or not investigating at all - High Court under Article 226 of the Constitution has power to issue appropriate direction - Even in such a case, High Court cannot direct police as to how the investigation is to be conducted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Due diligence - Scope and effect of proviso - Commencement of trial - Held, application for amendment of pleadings can be entertained even after commencement of trial - It must be shown by party that inspite of due diligence he could not raise matter of amendment before commencement of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Maharashtra Regional and Town Planning Act, 1966, Section 50 -- Permission for construction - Cancellation - No permission was sought for construction under erstwhile T.P. scheme, or u/s 50 of the MRTP Act - This is a case where personal relationship of developer with Chief Minister was apparently used to obtain permission for construction without following any due process..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420 -- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed..........
Marine-cum-Ersction Policy -- During the transit, certain goods in the consignment boxes, including parts of machinery damaged - Insurance claim - Repudiation - Delay caused in giving information to the appellant - Surveyors" report - The delay of a few days could not be due to mala fide intention of respondent-complainant - The cover note issued by the appellant does not..........
