Civil Procedure Code, 1908, Section 115, Family Courts Act, 1984, Section 19, 10 -- Revision - Order allowing amendment application by Family Court - No avenue of a revision u/s 115 CPC open to a party aggrieved by an order of Family Court - Party aggrieved by an interlocutory order may question it in appeal if it has trappings of a judgment - Revision dismissed being not..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Notice to defendant - Amendment was carried out after defendant was proceeded ex parte and apportionment of share in partition suit was claimed - In absence of any notice to defendant pleading would remain unchallenged, therefore substantial loss would be caused - Notice to defendant was required and in..........
Selection -- Eligibility - Selection Committee has reduced the marks to facilitate the horizontal reservation by treating it as a vertical reservation - Admittedly, the rules do not provide for such reservation to be treated as a vertical one - A change, if any, can only be brought forth by way of an amendment and nothing else - Such an amendment even if it is permissible..........
Selection -- Eligibility - Selection Committee has reduced the marks to facilitate the horizontal reservation by treating it as a vertical reservation - Admittedly, the rules do not provide for such reservation to be treated as a vertical one - A change, if any, can only be brought forth by way of an amendment and nothing else - Such an amendment even if it is permissible..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at the stage when arguments were heard in part - Amendment declined merely on the ground of delay - Court below should have adjudicated the amendment keeping in view the fact as to whether amendment is necessary to decide real question in controversy and also whether proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While dealing with an amendment application Court should not go into merit of claim made in proposed amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By way of amendment relief of possession sought as plaintiffs were dispossessed during pendency of suit - Whether plaintiffs were evicted during pendency of proceedings or prior to filing of suit or whether relief claimed is barred by limitation or not, to be determined during trial - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Sought before commencement of trial - Bar to allow amendment in O.6.R.17 Proviso CPC is not applicable...........
