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PATNA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments are not to be allowed merely because they are clarificatory in nature or removing any ambiguity after trial has commenced...........

PATNA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at the stage of final arguments - No explanation of due diligence for bringing amendment at the stage of final argument - Claim of typographical error/mistake is baseless and cannot be accepted - Application rightly rejected...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent and contradictory allegations in negation to admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment of pleadings...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If the pleas sought to be introduced by plaintiff by way of an amendment is also the plea which defendant has set up in written statement and such a plea of plaintiff is an alternative plea, even though it is inconsistent with original plea, since there is no prejudice caused to defendant, Court is not..........

PATNA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs...........

PATNA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........

MADHYA PRADESH HIGH COURT

Year of decision: 2023
Details

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..........

DELHI HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court is empowered, at any stage of suit, to give judgment on admission...........

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