Search Results for "Amendment of Pleadings"

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

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Bombay High Court Quashed Trial Court’s Order Denying Amendment of Plea in Suit for Pre-emption Rights. Court Held That the Amendment Was Merely Clarificatory and Did Not Change the Nature of the Suit

Constitution of India (COI) – Article 227 – Power of Superintendence of High Court – Court held that interference under Article 227 is justified...

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Amendment in Civil Suit Permissible Due to Continuous Cause of Action, Even Without Section 80 Notice – Supreme Court.

The Supreme Court upheld the High Court's decision permitting the amendment, observing: The debarment orders stemmed from a continuous chain of eve...

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High Court Quashes Amendment to Plaint After Trial Commencement for Lack of Due Diligence. Amendment sought after trial starts dismissed; plaintiff failed to show due diligence under Order 6, Rule 17, CPC.

The court examined whether an amendment to the plaint should be allowed after the commencement of the trial. The plaintiff, an illiterate woman, sough...

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Amendment in Specific Performance Suit Allowed by Bombay High Court. Rejection of Amendment Reversed by High Court to Prevent Multiplicity of Proceedings and Include Subsequent Developments

The Bombay High Court, in its judgment dated 1 July 2024, allowed the petitioner’s application for amendment in a suit for specific performance. The...

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"High Court of Bombay Dismisses Amendment Application in SR Enterprises vs. Gurbachan Kaur Jattinder Singh Chadha Case" "Amendment seeking to challenge Deed of Conveyance and implead new party rejected; Liberty granted to file fresh application on limited facts."

The Bombay High Court, through Justice Arif S. Doctor, dismissed an Interim Application (IA) by the Plaintiff, SR Enterprises. The IA sought to amend ...

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Supreme Court Upholds High Court's Decision to Allow Amendment in Partition Suit Amidst Challenge to Will. Amendment of pleadings allowed under Order VI Rule 17 CPC to determine the validity of Will; High Court’s judgment confirmed by the Supreme Court.

Acts and Sections Discussed Order VI Rule 17 CPC: Pertains to amendment of pleadings in a civil suit. Order XI Rule 14 CPC: Deals with production ...

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Amendment Application in Partition Suit Rejected Due to Delay and Lack of Diligence - Bombay High Court Quashes Trial Court Order. Amendment to Pleadings Denied Post-Evidence Conclusion: No New Defendants Without Early Action.

The Bombay High Court set aside the trial court’s order allowing an amendment application filed under Order VI Rule 17 of the CPC after evidence had...