Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Incorporation of relief in the prayer clause - Application cannot be dismissed merely for the reason of non payment of requisite Court fees - Amendment allowed on payment of requisite Court fees...........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Plaint - Amendment - Primacy of provision of S.153 - Held, as regards S.153 of the Code of Civil Procedure, 1908, it needs only to be observed that it being body of the Code it is to be read in more general terms in conjunction with the proviso to R.17 of O.6 of the Code framed to regulate the procedure, but in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Commencement of trial - Held, trial in a civil suit commences from the date of filing of affidavits in lieu of the examination in chief of the witnesses and the proviso to O.6.R.17 of the Code will come into play only after stage of filing of affidavits in lieu of examination in chief of witnesses...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - After commencement of trial - Due diligence - Held, where the amendment is sought after commencement of trial it is obligatory upon the party to make out a cause of `due diligence' and for Court to record finding satisfying the said condition otherwise allowing an amendment would be contrary to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22(5) -- Plaint - Amendment - Suit for specific performance - Amendment of plaint sought to claim alternative relief of refund of sale consideration paid in advance - Amendment of plaint to seek alternative relief can be allowed at any stage of the proceedings to which provisions of Limitation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time bared notice - Bank of appellant/complaint got intimation regarding dishonouring of cheque on 21.08.1998 - Notice of demand was dated 14.09.1998 - Held, it is long after the period prescribed u/proviso (b) to S.138 of N.I. Act - Irrespective of delay in transaction between agent(Bank) and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Appellate stage - Permissibility - Suit was instituted by plaintiff/petitioner on the sole basis of title deed - After loosing the case from the trial Court, she moved amendment application in the pending appeal - By way of amendment plaintiff/petitioner, on the ground of adverse possession, claimed title..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Ejectment suit - Amendment sought to be incorporated is not the subject matter of suit and has no relevance at all - For that purpose, plaintiff is required to file separate proceeding under provisions of S.6 of the Specific Relief Act - Held, amendment application rightly disallowed by trial Court...........
Legal Services Authorities Act, 1987 -- Validity - Permanent Lok Adalats under the Act (As amended by 2002 Amendment Act) are in addition to and not in derogation of Fora provided under various statues - Instead of ordinary civil courts, if other institutional mechanisms are set up or arrangements are made by Parliament with an adjudicatory power, such institutional..........
Civil Procedure Code, 1908, Order 8, Rule 16 -- Filing of counter claim - Rejection of - Validity - Plea that though counter-claim could not be allowed by way of amendment of written statement yet Court could not refuse to entertain counter-claim in this case particularly when the evidence has not so far commenced - Held, revision petition is disposed of with direction to..........
