Civil Procedure Code, 1908, Section 92 -- State amendment whereby Court other than District Court also conferred jurisdiction u/s 92 CPC - Since the legislature has used the words `or' whereby the suit could be instituted either in District Court or in any Court empowered by State Govt. which denotes an alternative, giving a choice - District Court and Court notified by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment of plaint to seek relief of title - Plaintiff could file a fresh suit for the relief claimed by way of amendment - By allowing amendment multiplicity of proceedings can be avoided - Amendment allowed...........
Foreign Liquor Rules, Rule 13(3) -- Amendment in law - Petitioner constructing a restaurant and applying for FL-3 Hotel (Restaurant) license to sell foreign liquor - Applicant eligible for license on date of submission of application - Rules changed when application came up for consideration - Held, application for license to be considered with reference to the law..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not issued within time - Acquittal upheld - Bank vide its letter dt.13.1.2003 intimated its dishonour - Complainant issued notice on 8.2.2003 - Amendment of notice period from 15 days to 30 days brought into force on 6.2.2003 - Amendment not retrospective in nature - Notice was required to be..........
Civil Procedure Code, 1908, Order 41, Rule 23, 24A, 25 -- Remand - Having allowed the application for amendment, first appellate Court set aside the judgment and decree and remanded back the case for fresh adjudication - Validity - Held, proper course for appellate Court was to have ordered the parties to complete their respective pleadings and thereafter settle the..........
Prevention of Food Adulteration Act, 1954, Section 23 -- Prevention of Food Adulteration Rules, 1955, R.32 (e) - Amendment in S.23(1-A)(d) of Act - Amendment made so as to mention batch no. or lot number or Code no. or label mandatory - Held, amendment is not ultra vires...........
Civil Procedure Code, 1908, Section 152, Order 9, Rule 13 -- Application U.O.9.R.13 CPC is not maintainable against an order passed u/s 152 CPC whereby amendment is brought in the decree...........
Haryana Municipal Act, 1973, Section 2(22B) -- Amendment of S.2(22-B) - Mere amendment of S.2(22-B) does not clothe Municipal Council with any proprietary title over shamlat deh for which relief of injunction has been granted...........
Civil Procedure Code, 1908, Section 35B, Order 6, Rule 17 -- Plaint - Amendment allowed subject to payment of costs - Costs accepted - Acceptance of costs whether under protest or not, amounts to accepting the order as correct. 1995(2) Civil Court Cases 324 (P&H) followed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Fact sought to be introduced by way of Will was within knowledge at the stage of pendency of suit in the trial Court - A new story by way of defence sought to be introduced in order to prolong the disposal of appeal - Application dismissed...........
