Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memo of appeal - Application for amendment filed by defendant was already dismissed by first appellate Court on the ground that said ground has already been raised by defendants in their memo of appeal and issue in that regard was already framed by trial Court - Application filed by defendant was nothing more..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought is a minor correction of number of trees mentioned in the plaint and addition of some lines in the plaint regarding source of irrigation - Proposed amendment will not alter the case - Application rightly allowed...........
Information Technology (Amendment) Act, 2008, Section 67B -- Watching a pornographic website - No offence is made out u/s 67-B of the Act - Proceedings quashed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought for taking objections that suit is bad for non-joinder of necessary parties - Facts in question were always in light and were never in shade - Objections taken by defendants five years after remaining successful before trial Court were frivolous and rightly disallowed -..........
Civil Procedure Code, 1908, Section 152 -- Correction in judgment and decree - Rectification in regard to the typographical mistake as found in view of the plaint - In view of S.152 CPC, clerical and arithmetical mistake can be rectified in the judgment and decree as well - Application allowed for proposed amendment-B...........
Prevention of Corruption (Amendment) Act, 2018, Section 2(d), 7 -- Undue advantage - Public servant receiving money to process even a routine application comes under definition of `undue advantage' to constitute the offences...........
Prevention of Corruption (Amendment) Act, 2018, Section 7(a), 7(A) -- Illegal gratification - Allegation levelled against accused in the prosecution records discloses the offences alleged against accused - Correctness or otherwise of allegations levelled in the final report is a matter to be tested during the course of investigation - Petition for quashing dismissed...........
Legal Services Authorities Act, 1987, Section 21(2), Civil Procedure Code, 1908, Section 152 -- Lok Adalat Award - Misdescription of property - Amendment/correction of description of property - Petitioner to move trial Court and Lok Adalat for amendment in property description and trial Court and Lok Adalat will suitably amend the description of property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where amendment is an alternative approach to the existing facts, same cannot be disallowed merely because it was claimed after delay...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary to completely adjudicate the dispute between parties - It will not cause any prejudice to other side, which cannot be compensated in terms of money - Amendment allowed subject to payment of costs of Rs.5000/-...........
