Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - When an amendment is opposed on the ground that claim is barred by law of limitation and such an objection cannot be decided without answering disputed questions of fact, amendment can be allowed and question of limitation can be postponed to be decided in the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Suit for return of gold ornaments - When a claim for realization of additional amount is added, it may amount to addition of a new relief - However, in the nature of present proceedings, addition of such a claim would not change the nature or character of proceedings - Such an addition may have..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - Bar of limitation - When already a suit for injunction which involves a question of title has been filed, admittedly within time, there shall be no question of bar of limitation being attracted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Employees State Insurance Act, 1948, Section 1(6) -- As amended - Effect of amendment - S.1(6) of the Act shall be applicable even with respect to establishments established prior to date of amendment of said provision - ESI Act shall be applicable irrespective of number of persons employed or notwithstanding that number of persons employed at any time falls below the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking out pleadings - Amendment of plaint - Written statement to the amended plaint - Plaintiff failed to show how the amended reply/written statement was inconsistent with the previous reply/written submission - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant by way of amendment wished to explain pleadings by giving a description of revenue khasra numbers as well as consolidation scheme by submitting a site plan of existing construction raised by both the parties - Amendment sought would assist Court in arriving at a just decision -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Permissible at any stage of proceedings, but with a rider that such amendments are necessary for purpose of determining real question and controversy between parties...........
