Criminal Procedure Code, 1973, Section 482, Criminal Law (Amendment) Ordinance, 1944, Section 4, 8, 11 -- Refusal to release of original sale deed attached under Ordinance - Petition u/s 482 Cr.P.C. - Is not maintainable and remedy lies u/s 11 of Ordinance...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather..........
Criminal Procedure Code, 1973, Section 377 -- Appeal against inadequacy of sentence passed by Magistrate - Not maintainable before High Court after amendment of S.377 Cr.P.C. in 2006...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Recovery suit based on mortgage documents - Amendment sought at the stage when matter is posted for arguments - Due diligence on the part of defendants not proved - Defendants put the blame on their advocate for delayed amendment - Though no prejudice would be caused to plaintiff by allowing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While deciding an application for amendment, ordinarily Court should not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide and dishonest amendments, because purpose and object of O.6.R.17 CPC is to allow either party to alter or amend his pleadings in such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After filing of written statement it came to the knowledge of plaintiff about execution of gift deed of some part of the property for which plaintiff sought amendment of plaint that execution of gift of part of the property was without legal authority in view of family settlement - Amendment necessary..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with reference to boundaries of property - Prima facie issue for consideration in suit is whether suit property is a joint family property and whether claim of plaintiffs that suit property has fallen to their share is valid - It is not a case of boundary dispute - It cannot be said that..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Typographical mistakes or omission on the part of counsel for adding certain words or wrongful drafting by counsel - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Statement of plaintiff not to lead evidence relating to amendment - Trial Court may allow defendant to put any evidence in support of their defence relating to the amendment allowed...........
