Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of amendment, merits or correctness of the plea sought to be added is not required to be gone into and amendment application is to be considered and decided as per O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in filing petition for amendment could not be a ground to deny amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment serving the needs of justice, cannot be refused merely on technical limitations...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to the opposite party...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere naming a person in the absence of specific overt act is insufficient to invoke S.319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Unless strong and convincing evidence emerges during trial, mere allegations in the FIR or in the testimony of a PW cannot justify summoning a person as an additional accused...........
