Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendments to written statement are to be more liberally granted as compared to amendments to plaint, even one explaining an admission or taking inconsistent pleas...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is not at all to withdraw any admission made in favour of plaintiff - It is generally in keeping with the fabric of defendant's wholesome defence - Proposed amendment does not prejudice the plaintiff in any manner - Application for amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Typographical error - For correcting arithmetical or clerical mistake, approach of Court should be liberal, particularly when such amendments are permitted after decision of the case...........
Hindu Succession Act, 1956, Section 6 -- Succession - Partition has not taken place before amendment of S.6 of Hindu Succession Act - Each son and each daughter is entitled to equal shares in the properties left behind by deceased father...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to introduce a prayer to exercise right of pre-emption - However, when right of pre-emption is not permissible under law to be exercised by plaintiff in the facts and circumstances of the case, amendment to that effect should not be allowed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of date of cheques - Date of cheques wrongly mentioned in complaint, notice and even in affidavit filed in support of complaint - Same cannot be said to be a simple or curable infirmity but relates to a substantial infirmity - Amendment at the stage when summons have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel and advice given by newly engaged counsel to petitioner is not a ground to permit him to amend the pleadings...........
