Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Object - Court can permit amendments to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings can be allowed when : (i) amendment does not alter basic structure or nature of claim; (ii) amendment does not take away valuable right that accrued to respondent; (iii) amendment does not amount to withdrawing unequivocal admissions made in pleadings...........
Family Courts Act, 1984, Section 19 -- Appeal - Against order allowing amendment of plaint - Not maintainable - Order allowing amendment is an interlocutory order and Court does not sit in judgment over correctness of pleadings at the stage when amendment is allowed...........
Chit Funds Act, 1982, Section 65(12)(v), Reserve Bank of India Act, 1934 -- Chit fund - Taxability of Chit fund can be treated as a form of fund management - Chit fund business is not cash management or a business of managing cash - Thus, chit fund business was not covered by S.65(12)(v) of the Act even after its amendment by Finance Act, 2007 - Appeal dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought to introduce plea of denial of landlord's title - Said plea was not raised by defendants in the written statement - Defendants held, not permitted to introduce the said plea by way of amendment, that too, at the belated stage after leading their evidence -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence u/s 324 IPC - Non-compoundable by virtue of Amendment Act of 2005 - Amendment not applicable to offence committed in 1998 - Accused acquitted in view of S.320(8) Cr.P.C...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso is mandatory - Amendment `shall' not be allowed after trial had commenced unless condition as set out in the proviso is fulfilled...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Amendment sought to bring on record certain documents - However, no date was mentioned in application as to when said documents have come into knowledge of defendants - Defendants failed to demonstrate that despite due diligence, they could not bring these..........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - Amendment to S.142-A of the Act - Amended provision has a retrospective operation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Judgment and decree once set aside and suit remanded with a direction to decide afresh - It cannot be said that suit is remanded for a limited purpose - Amendment of pleadings is permissible...........
