Information Technology (Amendment) Act, 2008, Section 67 -- Offence u/s 67 I.T Act - S.67 of the Act is for obscene material and not for provocative material - Therefore, S.67 of the Act does not prescribe any punishment for other provocative material...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of evidence of parties - Case of parties was known to other from beginning - Pleadings having been exchanged and evidence having been led, no second opportunity may easily arise to change the stand already taken - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An inartistic or improper drafting of relief portion in the amendment application can be a matter for decision at the appropriate stage by Court trying the suit - At any rate such inaccurately crafted prayer cannot militate against the substance inside expressed in the amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment neither change the cause of action nor change the nature of suit - It only intends to add one additional relief - More so, additional prayer to be incorporated in the plaint are in consonance with the facts narrated in the plaint and relief that they have been trying to secure from the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Trial commences only when first witness enters the witness box and confirms the contents and signature etc. in its evidence in affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is only with respect to relief in the plaint and is predicated on facts which are already pleaded in the plaint, ordinarily amendment is required to be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is more of clarificatory nature which shall enable the Court to further pin-pointedly consider the dispute and would also aid in rendering a more satisfactory decision without changing the nature of suit - No malafide can be spelt out on the part of plaintiff while moving an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of cheque number - Cheque number was wrongly mentioned in complaint due to bonafide typographical mistake - Trial Court rightly allowed amendment of complaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment was contradictory to stand taken by plaintiffs in the plaint - Amendment would cause prejudice to defendants which cannot be compensated in costs - More so, it would displace existing cause of action - Amendment is thus, not necessary - Application rightly rejected...........
