Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application rejected on the ground that application was filed after a long lapse of time - Amended proviso O.6.R.17 CPC does not apply to the instant suit as suit was filed in the year 1997 which was prior to the amended provision - There will be no change in the nature of suit as relief in substance is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Petitioners wish to introduce pleadings that would change nature of claim - Petitioners are bringing absolutely inconsistent case contrary to case pleaded in original plaint - In absence of explanation as mandated U.O.6.R.17 Proviso CPC amendment cannot be permitted at belated stage - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Central Government employees - State Police be it a regular police force or Special Police Establishment, can investigate offences of bribery and corruption against Central Government employees posted in State...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Central Government employees - It is not only CBI who could have instituted the prosecution but also Anti Corruption Bureau of State has jurisdiction to register criminal case under the provisions of the Act...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Offences under the Act are also cognizable and can therefore, be investigated by State Police or Vigilance and Anti-Corruption Bureau (VACB) - Only rider is that investigation can be done only by a police officer of rank specified in S.17 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
