Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration of order passed under the Act - For the invocation of S.25(2) of the Act, there must be a change in the circumstances after the order is passed under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Phrase `a change in the circumstances' used in S.25 of the Act has not been defined under the Act - Magistrate has to adjudge the change in the circumstances based on the material put forth by the parties in a case and having regard to the circumstances of the said case - A change in the circumstances..........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration of order passed under the Act - An order for alteration, modification or revocation operates prospectively and not retrospectively - Thus, any alteration, modification or revocation of an order passed u/s 12 of the Act owing to change in circumstances could only be for a period ex post facto,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B, 34, 411 -- Quashing of FIR - Offence u/ss 379-B, 34, 411 IPC - Accused declared proclaimed offender on 30.10.2019 and co-accused was acquitted on 4.3.2020 - Accused approached High Court by way of his first petition for quashing, seeking similar relief which came to be argued and withdrawn..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed and registered within one month - At the end of document a clause incorporated that said agreement will be valid for five years - Reason for incorporating this clause not spelled out - However, it does not change the date fixed for the performance...........
Agreement to sell -- Suit for specific performance - Limitation - Validity of agreement is something different and does not change the date of performance...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant pleaded that summons had not been served duly on account of his change of address - However, defendant did not provide his changed registered address nor has he mentioned his changed address in the application U.O.9.R.13 CPC - Plea rejected - Application..........
