Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against a person not a party in the suit - Application for impleadment and amendment of plaint pending - Application for injunction can be filed afresh after decision of application for impleadment and amendment of plaint...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 447, 324 -- CrPC (as amended by Criminal Procedure Code, (Amendment Act, (25 of 2005)- Compounding of offence - Permissibility - Accused found guilty of committing offence punishable u/ss 447 and 324 IPC - Offence u/s 447 was compoundable whereas offence u/s 324 was compoundable before Code of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pursuant to some judgments - Judgments per se admissible - Amendment allowed keeping in view that evidence beyond pleadings is of no consequence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment by seeking relief of possession, during pendency of appeal, in a suit for permanent injunction - Defendant in written statement denied possession of plaintiff - Suit remained pending for eight years - Dismissal of suit as plaintiff found not in possession - Dismissal of application on ground of inordinate..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Provision is directory in nature - Rule has been framed to carry out the amendment in a particular manner - The amendment is always made to improve the pleadings and improvement of pleadings clears the way of decision making process...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment - Not made - Court allowed amendment after payment of costs - Held, it means Court has extended the time limit for amendment...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - If amendment sought for does not constitute a new cause of action or raise a new case, but only amounts to adding to the facts already on record, the amendment sought for can be allowed even after the statutory period of limitation...........
Wakf Property -- Eviction - Petitioner had taken land on lease from Wakf Board till 1993-94 - He has been paying lease to Wakf Board - Petitioner filed civil suit showing himself to be a tenant of Wakf Board and it is only at a later stage that he changed his stance to seek amendment of pleadings to contend that land belonged to Rehabilitation Department - Punjab Govt. on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment application moved after commencement of trial to correct some typographical error in mentioning the numbers of cheques - Held, proposed amendment of plaint and replication has been rightly allowed - Since amendment application was moved long after commencement of trial, therefore, the cost..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Held, amended proviso to S.372 Cr.P.C. is not applicable to cases where incident has taken place prior to amendment...........
