Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Evidence of defendant closed - Amendment sought to incorporate facts as to previous suit and filling of writ petition - Factum of previous suit and writ petition very well in the knowledge of defendants - Failed to raise plea at relevant time - Not open to defendants to raise plea after..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Incorporation of plea of resjudicata - Suit for declaration challenging decree of Civil Court - Another suit qua the same matter in dispute decided by Civil Judge after filing of written statement - Application for amendment of written statement raising preliminary objection that suit barred..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Laws Amendment Ordinance, 1944, Section 3 -- Ill-gotten property - Can be confiscated to the State under the provisions of Criminal Law Amendment Ordinance, 1944...........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Nature and scope - Mutation is process of updating revenue record - It does not confer ownership rights on any person - Sanctioning authority has either to reject mutation or to sanction same with or without amendment - Mutation cannot be kept in a suspended animation - Mandatory for revenue officer to sanction..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Contradictory plea - Written statement with plea that pronote & receipt forged & fabricated document - Amendment sought to plead that blank signed pronote & receipt available with commission agent used for purpose of suit - Amendment contradictory to plea raised in original signed written..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Suit for mandatory injunction - Application u/o 6 R. 17 for converting suit into a suit for recovery - Declined by Trial Court on grounds that proposed amendment would change nature of suit & suit for recovery barred by limitation - Held - (i) Change of nature of suit per se no ground to reject..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 19 -- As amended by Amendment Act of 2006 - Conviction u/s 302/34 IPC - Benefit of Juvenile Justice Act - Plea not taken before trial Court or before High Court - Cannot be permitted to be raised for the first time before Supreme Court - Question of age is a question of fact which cannot be allowed to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance of agreement to sell - Application for amendment of written statement by subsequent purchaser to the effect that agreement was unconscionable - Vendor had not taken such plea - Subsequent purchaser had no independent right to challenge validity of agreement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - Shall not be allowed after trial has commenced, unless inspite of due diligence, the matter could not be raised before the commencement of trial - Trial is deemed to commence when issues are settled and the case is set down for recording of evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings/written statement - No facts pleaded nor any grounds raised in amendment application - No contention in amendment applicaton that despite due diligence the matter could not be raised earlier - Amendment sought at belated stage - Issues framed - Three witnesses examined - Documentary evidence tendered -..........
