Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought after passing of the preliminary decree - Amendment sought to change Town Survey Number - Identity of suit land not changed - It is not a case of substitution of one land with the other - No prejudice is to be caused to the opposite party in case amendment is allowed - Order allowing amendment..........
Arbitration and Conciliation Act, 1996, Section 11(6), 14(2), 14(1)(a), 14(1)(b), 15(2), 15(1)(a) -- Arbitration - Appointment of substituted Arbitrators - There were arbitrable disputes at time of entering into arbitration agreement but it is also clear that claims still exist between parties - There is no satisfaction of parties recorded or otherwise regarding disputes..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution of applicant in place of plaintiff - Suit for partition - After passing of preliminary decree, parties have lingered case and have shown least interest for partition of suit property by metes and bounds or by other mode - Plaintiff does not seem to be interested in having separate physical possession of his..........
Industrial Disputes Act, 1947, Section 11A -- Punishment - Substitution of - Alleged misconduct with his colleagues by workman due to mental disorder - He was admitted to hospital after this incident - There was no such complaint against him in the past - Held that there existed a mitigating circumstance and extenuating factor to reduce the punishment - Ld. Labour Court..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution and impleadment of purchaser of property after passing of the decree for eviction - Courts below allowed the application - Order upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Change/Substitution of authorised representative - Authorised representative who has left the company cannot remain authorised representative of the company - Order allowing change/substitution of authorised representative of company upheld. 2002(1) Civil Court Cases 13 (S.C.) followed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Substitution of authorised representative of company - Earlier authorised representative of company examined in part - Expunging of Evidence - No provision either in Evidence Act or in Cr.P.C. under which direction to expunge evidence can at all be passed - Evidence adduced on record has to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint signed and verified by power of attorney holder - It is a defective complaint as complaint must be signed by the complainant - However, it is a curable defect - Death of complainant before curing said defect - Power of attorney holder sought leave of Court to prosecute the complaint on her..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's. - Substitution - Death of two respondents - Other respondents did not disclose their death - Delayed approach to implead L.R's on coming to know about death - Allowed - Respondent not disclosing death of other respondent cannot take advantage from the belated approach by the appellants...........
Motor Vehicles Act, 1988, Section 149(2) -- Terms of policy - Terms have to be construed as it is and there is no scope for adding or subtracting something - However, policy may be considered liberally and such liberalism cannot be extended to permit substitution of words which were not intended...........
