Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of evidence of parties - Case of parties was known to other from beginning - Pleadings having been exchanged and evidence having been led, no second opportunity may easily arise to change the stand already taken - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment neither change the cause of action nor change the nature of suit - It only intends to add one additional relief - More so, additional prayer to be incorporated in the plaint are in consonance with the facts narrated in the plaint and relief that they have been trying to secure from the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment once allowed and taken on record, reengaging with the same fact by taking subsequent events of change would be futile attempt which caused unnecessary delay in litigation, same cannot be allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - A material change in fact situation or law is sine qua non for a second application for pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second or Successive anticipatory bail applications, due to change of circumstances - First anticipatory bail application rejected by High Court - Second or successive anticipatory bail applications, pointing out change in circumstances, have to be filed before High Court and not before Sessions Court...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Earlier anticipatory bail application was rejected by holding that arrest, custodial interrogation and recovery of weapon, at the instance of accused, are necessary as such accused is not entitled to anticipatory bail - Said finding is based on materials in the facts of the case and there..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second petition for maintenance - Res judicata - Earlier petition for maintenance was dismissed - Wife filed second maintenance petition in a premise that there has been change in circumstance - Second maintenance petition is maintainable when there is change of circumstances...........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
