Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of proposed amendment cannot be gone into while considering application seeking amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 2 -- Proof beyond pleadings - Witness already examined - Plea to be raised at the time of final arguments and trial Court essentially has to consider these aspects...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Yardstick for considering amendment petition filed after commencement of trial is not only whether a separate suit on same facts and for same relief is not time barred but also whether petitioner could show plausible cause that in spite of due diligence he could not raise the matter before..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1 -- Second appeal - New plea - Not permissible - As second appellate Court being required to delve into the issue of substantial questions of law is not required to entertain fresh plea of facts which was not agitated before Courts below...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is mandatory for Court to allow all amendments which are necessary for the purpose of determining real controversy between parties - At the same time, Court is not obligated to go into correctness or falsity of case of either side in amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of case are not to be adjudged at the stage of allowing or rejecting prayer for amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Party can take inconsistent plea in amendment of written statement - Even amendment of written statement can be allowed at a belated stage - Only requirement is that Court must be satisfied that proposed amendment is a bona fide amendment and would enable the Court in pronouncing judgment in..........
