Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To be allowed where amendment only clears confusion, if any, as to the terms in which relief is sought and does not revive a time barred and dead claim, nor changes nature of suit - Cannot be said to be mala fide - Amendment merely clarifies existing pleading and does not in substance add to or alter it..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Huge difference of amount in terms of money - Would not be a legitimate ground to deny amendment of plaint which otherwise, passes the test of all conditions under which normally amendment to be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Plaint has to be read as a whole - Question of amendment should be considered in that light and not merely on the basis of the prayer clause...........
Civil Procedure Code, 1908, Section 115 -- Proviso after amendment by Act 46 of 1999 w.e.f. 1.7.2002 - Order if interim in nature or does not finally decide the lis - Revision not maintainable - If answer is `yes' on the question whether order in favour of the party applying for revision would have given finality to suit or other proceeding - Revision is maintainable...........
Civil Procedure Code, 1908, Section 115 -- after amendment by Act 46 of 1999 w.e.f. 1.7.2002 - Revision petition admitted before amendment - Has to be decided as per altered mode of amended provisions since Section 6 General Clauses Act not applicable because no substantive vested right available to a party seeking revision under Section 115 - General Clauses Act, Section..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Character assassination in written statement - Subsequent amendment of written statement and accusations withdrawn - The indelible impact and scar it initially created cannot be said to be ipso facto dissolved with amendment of written statement...........
Civil Procedure Code, 1908, Section 100(4) -- Second appeal - Non - compliance with Section 100(4) by High Court - Defeating the purpose sought to be achieved by amendment...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- sub-rule (1) as amended and Explanation newly inserted by Amendment Act 104 of 1976 and sub-rule (4) - Sub-rule (1) read with Explanation gives a right to respondent, when decree entirely in his favour, to take cross-objection to a finding recorded against him either while answering an issue or while dealing with an issue -..........
Haryana Municipal Act, 1973, Section 13A(1)(c) -- As amended by Act No 3 of 1994 - Disqualification for membership - Effect of Haryana Act No.15 of 1994 - High Court holding that disqualification will operate after 5.4.1995 i.e. on the expiry of the period of one year from 5.4.1994, the date of coming into force of the Amendment Act No.3 of 1994 - Held, decision of High..........
Motor Vehicles Act, 1988, Section 166, 158(4) -- Compensation can be awarded exceeding the claimed amount - It is just compensation which is to be awarded even if precise amount is not claimed - In accident claim cases there is no question of claim being time barred - By enhancing the claim there is no change of cause of action - In appropriate cases, Court may permit..........
