Criminal Procedure Code, 1973 - - Trial - Offences punishable u/s.408, 420, 467, 468 and 471 of IPC - Case was pending before Magistrate against appellant as on date Amendment Act came into force - Magistrate on receipt of a charge-sheet which tantamount to institution of a case against appellant committed case to Sessions as three of the offences with which he was charged..........
Criminal Procedure Code, 1973 - - Trial - Changing forum of trial of certain offences - Retrospective application - On the date amendment came into force no case had been instituted against appellant nor Magistrate had taken cognizance against appellant - Held, any amendment shifting forum of trial had to be on principle retrospective in nature in absence of any indication..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment seeking relief of possession - Originally plaintiff claiming to be in possession - However, while deciding application for ad interim injunction, Court recorded a finding that defendant is in possession of the suit property - Held, plaintiff is justified in filing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Deletion of names of two complainants sought before recording of pre-summoning evidence - Trial Court allowed the same - Held, neither illegal nor irregular...........
Civil Procedure Code, 1908, Order 37, Rule 1(b) - - Summary suit - Jurisdiction to try - Prior to 1976 Amendment, District Court or any other Courts were not empowered to try suit summarily U.O.37 unless ordered by their respective State Governments - After 1976 Amendment, O.37.R.1(b) has been repealed and new R.1(b) has been introduced in its place - As per new rule, not..........
Service -- Amendment of service rules - Retrospectivity - Permissible but must be stated expressly...........
Service -- Amendment of service rules - Retrospectivity - Notification using the phraseology "shall be substituted" - It clearly indicates the fact that the amended Rule is prospective...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Not disclosing cause of action against newly added defendants - Some defendants impleaded - Only the cause title of plaint to be amended - However, amended plaint incorporating certain paragraphs, without there being an order, allowing amendment, filed - While considering application U.O.7.R.11 CPC it is..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 3 -- Plaint - Amendment - To correct suit survey numbers and extent of suit property with specific boundaries - Nature of suit will not change - No change in relief sought - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Before commencement of trial Court has authority to allow an amendment of pleadings at any stage of the proceedings for the purpose of determining the real question in controversy between the parties - Even after the trial has commenced, Court is empowered to allow amendment of pleadings when it comes to..........
