Search Results for "2009 amendment"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "2009 amendment"

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Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Specific Performance — Petitioner Allowed to Incorporate Subsequent Events and Clarify Pleadings. The court held that amendments to pleadings should be liberally allowed to determine the real controversy, and the trial court erred in dismissing the application solely on the ground of delay without considering that the amendment sought to incorporate subsequent events and clarify existing pleadings.

2 Jun 2015

The petitioner, Dhanapal Appanna Phakire, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 26...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Amendment Application in Partition Suit — Belated and Mala Fide Amendment Sought After Trial Concluded. The Court held that an amendment under Order VI Rule 17 CPC after trial commenced requires proof of due diligence, and the proposed amendment would change the nature of the suit and cause prejudice.

14 Feb 2019

The appellant, M. Revanna, was Plaintiff No. 1 in a suit for partition and separate possession of joint family properties filed in 1993. The suit was ...

High Court

Bombay High Court Allows Amendment of Written Statement to Add Legal Submission on Non-Joinder of Necessary Party in Copyright Infringement Suit. The court permitted the defendant to amend its written statement to raise a legal submission that the suit is bad for non-joinder of a necessary party, based on facts already pleaded.

24 Sep 2014

The case involves a Chamber Summons filed by the defendant in a copyright infringement suit seeking to amend its written statement. The plaintiff, Ult...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Commencement of Trial in Small Causes Suit — Due Diligence Requirement Under Order VI Rule 17 CPC Satisfied. The court held that the amendment was necessary to decide the real controversy and that the defendants had shown due diligence as the need for amendment arose from the plaintiff's evidence.

30 Jun 2017

The petitioners, who were defendant nos. 2 and 3 in a suit before the Small Causes Court, Pune, filed a writ petition under Article 227 of the Constit...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Pre-Trial Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Tenant. Amendment of plaint to clarify property description and add alternative grounds was permissible at pre-trial stage to determine real controversy between landlord and tenant.

10 Oct 2014

The petitioner, M/s K.T. Kubal & Company, a tenant, challenged the order of the Small Causes Court allowing the respondent/plaintiff to amend the plai...

Supreme Court

Supreme Court Refers Challenge to 103rd Constitutional Amendment Providing 10% EWS Reservation to Constitution Bench. The Court finds substantial questions of law regarding basic structure and interpretation of Articles 15(6) and 16(6) warranting a five-judge bench hearing.

5 Aug 2020

The Supreme Court, in a batch of writ petitions, considered the constitutional validity of the Constitution (One Hundred and Third Amendment) Act, 201...

High Court

Bombay High Court Allows Amendment of Shipping Bills Under Section 149 of Customs Act, 1962 — Circular Restriction on Post-Export Amendment Held Ultra Vires. The Court held that the restriction in Circular No.36/2010-Customs prohibiting amendment of shipping bills after export is ultra vires Section 149 of the Customs Act, 1962, which permits amendment at any time before or after clearance for export.

23 Aug 2023

The petitioners, Colossustex Private Limited and Todi Rayons Private Limited, filed a writ petition under Article 226 of the Constitution of India bef...

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