Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment application mainly on the ground that no cognizance was taken of the complaint, before the disposal of amendment application - Held, High Court rightly declined to interfere with the order passed by..........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment - Order upheld on the grounds viz. (1) Magistrate was yet to apply his judicial mind to contents of complaint and had not taken cognizance of matter; (2) since summons was yet to be ordered to be issued to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration claiming title by succession - Amendment sought to incorporate plea of adverse possession - Amendment sought changes the very nature of suit by claiming title on the basis of adverse possession and abandoning earlier plea of title by succession - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought to incorporate additional prayer regarding cancellation of alleged sale deed - Additional prayer is dependent upon main prayer of declaration of title - Amendment rightly allowed though filed belatedly - However, if additional prayer is..........
East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982, Section 2(d)(ii) -- Non-residential building - A building would be called as a no, residential building if it is let out under a single tenancy for dual purposes of business and residence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Not a ground to refuse amendment if amendment is sought prior to commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit will not be altered and even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Withdrawing an admission cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Error of counsel - Observation of Court that an error of counsel would furnish a ground to a party to seek amendment of pleadings, cannot be accepted as it would allow parties to circumvent O.6.R.17 Proviso CPC by throwing the blame always on the counsel who originally drafted pleading...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - When amendment does not alter the basic structure of suit but only seeks to add alternate plea and addition to facts already on record, amendment can be allowed even after statutory period of limitation...........
