Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There is no enabling provision in Cr.P.C for entertaining an application for amendment of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought for is having the effect of substituting name of complainant and accused after 27 years of filing complaint - Name of complainant and accused cannot be substituted at appellate stage and that amendment sought for does not relate to a curable infirmity that can..........
Policy decision -- Policy decision though executive in nature binds the Government and Government cannot act contrary thereto, unless the policy is lawfully amended or withdrawn - Any action taken in derogation of such a policy, without amendment or valid justification is arbitrary and violative of Art.14 of Constitution...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court cannot permit an amendment which seeks to withdraw or nullify an admission already made or introduces a defence which is mutually destructive of earlier pleadings...........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Plea of res judicata - Proceedings under Rent Act relate to continuing obligations and recurring liabilities therefore, plea of res judicata cannot mechanically bar amendments concerning later periods...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed by plaintiff claiming natural succession whereas defendants were claiming title over suit property on basis of Will - Plaintiffs only sought formal amendment in respect of cause of action by stating that cause of action will start from death of testatrix and not from date of execution of Will,..........
Civil Procedure Code, 1908, Section 153 -- Amendment of execution petition - In the interest of justice amendment in execution petition is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay alone is not a ground to deny amendment, when it facilitates adjudication of real controversy without prejudicing opposite party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Commencement of trial is not an absolute bar, where no prejudice ensues and where amendment helps clarify issues already arising from original pleadings...........
