Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parties to suit are permitted to bring forward amendment of their pleadings at any stage of proceeding for the purpose of determining the real question in controversy between them...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendment must be dealt with leniently, whereas amendment prayed after commencement of trial must establish due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Plaintiff categorically mentioned in his application U.O.6.R.17 CPC that he got knowledge about incorrectness of khasra number mentioned in the plaint after cross-examination of plaintiff - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment application filed without assigning any reason as to why plaintiffs could not have raised the matter before commencement of trial - Moreover, fact regarding possession of defendants over suit land was pleaded by defendants from very beginning of..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Victim was less than 12 years of age at the time of commission of offence - Terms `Galat kaam' and `sexual intercourse' used by her against accused have to be understood in the context of her understanding which definitely cannot be equated to be that of an adult or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of probate petition - Amendment sought to substitute the word `probate' by `letters of Administration' - However, petitioners are executors of Will and therefore, they are entitled to Probate - Application for amendment rightly rejected...........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Second appeal - Amendment in memo of appeal - Appeal not admitted - Facts and grounds mentioned in the memorandum of appeal do not amount to improvement of basic pleadings of parties and even can be argued orally - Therefore, if additional facts and grounds as proposed by appellants are allowed to be amended in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To incorporate a fact known to plaintiff prior to filing of suit - Suit filed mainly on the basis of long drawn possession and now plaintiff wants to incorporate pleadings of some other survey number on the basis of some order passed by the then Tahsildar declaring his father as Bhumiswami - It may alter..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
