Search Results for "Explanatory Amendment"

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High Court Upholds Amendment of Plaint in Money Recovery Suit — Cause of Action and Limitation Details Permitted. Amendment sought to insert paragraph specifying cause of action and limitation held to be necessary for determination of real controversy between parties.

The petitioner, Bhaskar Gowda, was the defendant in a money recovery suit filed by the respondent, Padmaprabha Kumar Y @ P.K. Jain, in the Court of II...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Specific Performance Suit. Mistake of Counsel Held Not to Prejudice Defendant's Right to Fair Trial — Amendment Allowed as Explanatory and Necessary for Real Controversy.

The petitioners, original plaintiffs, filed a suit for specific performance of contract dated 02.03.2003 against the respondents. During the trial, af...

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Bombay High Court Allows Amendment of Plaint in Suit for Cancellation of Sale Deed — Pre-trial Amendment Must Be Liberally Allowed to Avoid Multiplicity of Proceedings. Order VI Rule 17 CPC permits amendment at any stage before trial to determine real questions in controversy between parties.

The petitioners, original plaintiffs, filed Special Civil Suit No. 1210/2017 in 2017 seeking cancellation of a Sale Deed dated 13.11.2016 in respect o...

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Supreme Court Allows Revenue Appeals in Income Tax Special Audit Time Extension Case. Assessing Officer Had Suo Motu Power to Extend Time Under Section 142(2C) Even Before 2008 Amendment.

The case involves a batch of appeals by the Commissioner of Income Tax against the judgment of the Delhi High Court, which had dismissed the Revenue's...

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Bombay High Court Allows Amendment of Plaint in Partition Suit Despite Trial Commencement — Liberal Construction of Order VI Rule 17 CPC. Daughter's Claim for Share in Ancestral Property Supported by RTI Information Constitutes Sufficient Cause for Amendment.

The petitioner, Smt. Shantabai Thakre, filed a suit for declaration, permanent injunction, partition, and separate possession against her two step-bro...

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High Court of Judicature at Bombay Considers Validity of Retrospective Amendment to Bombay Sales Tax Act, 1959. Amendment Deeming Refining of Oil as Manufacture is Challenged as Violative of Articles 14 and 19(1)(g) of the Constitution.

The writ petition under Article 226 of the Constitution of India was filed by Godrej Soaps Ltd., a public limited company engaged in manufacturing and...