Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Liability u/s 138 of the Act is civil in nature and in case the parties have arrived at compromise, same should be accepted to give quietus to litigation...........
Civil Procedure Code, 1908, Section 9, Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60 -- NCLT - Is not a civil Court which has jurisdiction by virtue of S.9 CPC to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred - Therefore, NCLT can exercise only such powers within..........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration - Objection can be considered at any stage by Court - However, with reference to such objection nature of recitals in document must necessarily be considered - It is thus, desirable that same be considered at the stage of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought after delay of about 5 years and that too when matter is at the stage of defendants evidence - Application for amendment though filed belatedly, simply explains stand taken by petitioner in his written statement - Paragraphs sought to be incorporated explain..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prayer made in plaint in conflict with amendment sought - Both in conflict with each other - Nature and character of suit will alter, if amendment is allowed - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Amendment sought does not change nature of petition or relief that is being sought - There is a delay on part of tenant/petitioner in moving application for amendment but amendment as sought could not be declined..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Defendants purchased the suit property from one of co-owners during pendency of suit - Ownership of defendants cannot be decided in pending suit filed by landlord against defendants/tenants for eviction of property, as it will change the nature of suit - Amendment application..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Amendment reflect that only substitution sought is introduction of rent agreement showing that property leased to father of tenant by grandfather of husband of tenant - Amendment sought does not change nature of eviction..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Eviction petition - Amendment would reflect only substitution sought is introduction of a rent agreement showing that property had been leased to father of tenant - Amendment sought does not change nature of eviction petition - Landlady is still..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Nature of proceedings under the Act - Proceedings under the Act are predominantly civil in nature and in case of violation of order it takes character of criminal proceedings...........
