Bombay High Court Grants Liberty to Amend Petition in Criminal Writ Petition No. 2262 of 2004. Petitioner allowed to amend petition and add respondents, matter adjourned.

High Court: Bombay High Court
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Case Note & Summary

This is a procedural order passed by the Bombay High Court in Criminal Writ Petition No. 2262 of 2004. The petitioner, Mahadev Padu Karbhari, through his counsel Mr. P.M. Vyas, sought liberty to amend the petition. The court granted the liberty, directing that the amendment be carried out within two weeks from the date of the order. The court also directed that after carrying out the amendment, the petitioner's counsel should give advocate's notice to the newly added respondents. The matter was adjourned for three weeks. The order was passed by a division bench consisting of Smt. Ranjana Desai and D.B. Bhosale, JJ., on 13 July 2005.

Headnote

A) Criminal Procedure - Amendment of Petition - Liberty to Amend - The petitioner sought liberty to amend the petition, which was granted by the court. The amendment was to be carried out within two weeks, and the matter was adjourned for three weeks. (Paras 1-3)

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Issue of Consideration

Whether the petitioner should be permitted to amend the petition.

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Final Decision

Liberty granted to amend the petition. Amendment to be carried out within two weeks. After amendment, advocate's notice to be given to newly added respondents. Matter adjourned for three weeks.

Law Points

  • Amendment of petition
  • liberty granted
  • procedural order
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Case Details

2005 LawText (BOM) (07) 111

Criminal Writ Petition No. 2262 of 2004

2005-07-13

Smt. Ranjana Desai, D.B. Bhosale

Mr. P.M. Vyas with Hitesh P. Vyas for petitioner, Smt. A.S. Pai, APP for respondents

Mahadev Padu Karbhari

State of Maharashtra & Ors.

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Nature of Litigation

Criminal Writ Petition

Remedy Sought

Liberty to amend the petition

Issues

Whether the petitioner should be permitted to amend the petition.

Submissions/Arguments

Mr. Vyas, learned counsel for the petitioner, sought liberty to amend the petition.

Ratio Decidendi

The court granted liberty to amend the petition as a procedural matter, without deciding any substantive issues.

Judgment Excerpts

Mr. Vyas learned counsel for the petitioner seeks liberty to amend the petition. Liberty granted. Amendment to be carried out within two weeks from today. Matter to appear on board after three weeks.

Procedural History

The petitioner filed Criminal Writ Petition No. 2262 of 2004. On 13 July 2005, the court heard the petitioner's counsel who sought liberty to amend the petition. The court granted the liberty and adjourned the matter for three weeks.

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Related Judgement
High Court Bombay High Court Grants Liberty to Amend Petition in Criminal Writ Petition No. 2262 of 2004. Petitioner allowed to amend petition and add respondents, matter adjourned.
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