Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment to incorporate the fact in respect of proceedings u/s 145 Cr.P.C. - Rejected on the ground that criminal proceedings has no relevance in the present dispute - Amendment sought will not cause any prejudice to the plaintiffs - While declining amendment there is no finding that..........
Negotiable Instruments Act, 1881, Section 6 -- Cheque - Signing of cheque need not be by hand alone - After amendment of S.6 of the Act, in year 2002, Act acknowledges that there can be an electronic cheque which can be generated written and signed in a secure system...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments should be allowed which satisfy the conditions (a) of not working injustice to the other side; and (b) of being necessary for the purpose of determining the real question in controversy between the parties - They should be refused only when other party cannot be placed in the same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is not open to any party to substitute a new cause of action or to change the nature of suit or to substitute the subject matter of suit except when Court thinks it just and necessary...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Expression `new case' - Additional approach to the same facts does not amount to making out a new case...........
Civil Procedure Code, 1908, Order 6, Rule 17, Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 17(1)(b) -- Amendment of claim petition filed u/s 124-A of Railways Act - New cause of action sought to be incorporated by way of amendment in claim petition - Cannot be allowed on ground of limitation in view of provision of 17(1) (b) of Railway Claim..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pre-trial amendments be allowed liberally than those which are sought after commencement of trial - In instant case, trial of suit had already commenced - Proposed amendment could not be said to be not in the knowledge of defendant - Rejection of application - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment - Court not to examine merits of amendment or to consider the strength or weakness of the case of applicant - However, Court can examine the proposed amendment to ascertain whether nature and character of suit is sought to be changed by the proposed amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief of declaration sought to be substituted by relief of specific performance of an oral agreement to sell - There is a clear contradiction in the original case set up and the proposed case now being sought to be set up - Proposed amendment cannot be allowed as it changes the very nature and character..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Due diligence - Failure of Advocate to incorporate pleadings inspite of instructions of party - Not a ground to allow amendment - Due diligence is of parties and of nobody else including the Advocate on record...........
