Search Results for "commencement of trial"

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Search Results for "commencement of trial"

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High Court

Bombay High Court Sets Aside Amendment of Plaint After Trial Commenced Due to Lack of Due Diligence by Plaintiff. The court held that the proviso to Order 6 Rule 17 CPC requires due diligence for amendments after trial commencement, and the plaintiff's illiteracy and recent procurement of certified copies did not constitute due diligence.

9 Oct 2024

The petitioners, original defendant nos. 1 to 3 and 5 to 8, challenged the order dated 29 April 2023 passed by the Civil Judge, Junior Division, Khand...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition for Judgment on Admissions and Allows Defendant's Petition Against Amendment of Plaint in Suit for Specific Performance. Court holds that admissions must be clear, unambiguous, and unequivocal for judgment under Order XII Rule 6 CPC, and that amendment of plaint cannot be allowed after commencement of trial to change the nature of the suit.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

22 Dec 2018

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

High Court

Bombay High Court Allows Amendment of Plaint in Property Suit — Boundaries Clarification Permitted Despite Trial Commencement. Amendment sought to correct description of suit property boundaries held to be necessary for proper adjudication and not causing prejudice to the opposite party.

28 Nov 2018

The petitioner, Vitthal Mhaskuy Mandhre, filed a suit for specific performance and injunction against the respondents, Mugutrao Vishnu Sanas (since de...

High Court

Karnataka High Court Allows Prosecution to Produce Additional Documents Under Section 242(2) Cr.P.C. — Documents Not Part of Charge-Sheet Can Be Received in Evidence if Filed Before Framing of Charges. The court held that Section 242(2) Cr.P.C. applies before framing of charges and the prosecution's application was maintainable as charges were not yet framed.

23 Jul 2018

The petitioners, accused in C.C.No.1157/2010 for offences under Sections 408 and 201 IPC, challenged an order dated 11.04.2017 passed by the Civil Jud...

High Court

Karnataka High Court Allows Prosecution to Produce Additional Documents Under Section 242(2) Cr.P.C. — Documents Not Part of Charge-Sheet Can Be Received in Evidence if Filed Before Framing of Charges. The court upheld the trial court's order permitting production of 17 documents by prosecution in a case under Sections 408 and 201 IPC.

23 Jul 2018

The petitioners, accused in C.C. No. 1157/2010 for offences under Sections 408 and 201 IPC, challenged an order dated 11.04.2017 passed by the Civil J...

High Court

Bombay High Court Allows Plaintiff's Amendment Application in Suit Against Municipal Corporation for Declaration of Ownership and Injunction — Trial Court Erred in Rejecting Amendment as Time-Barred Under Order VI Rule 17 CPC. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of amendment, and that the trial had not commenced as evidence was not yet led.

29 Nov 2017

The petitioner, Nitesh Suresh Jain, original plaintiff, filed Special Civil Suit No. 73 of 2014 against the Jalgaon City Municipal Corporation seeking...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Matrimonial Dispute. Amendment Sought After Commencement of Trial Without Showing Due Diligence Under Order VI Rule 17 CPC.

12 Oct 2017

The petitioner, Sou. Chabutai Ulhas Rumale, filed a writ petition challenging the order dated 11.2.2015 passed by the Family Court, Kolhapur in Petiti...

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 for determining the real controversy and that the opposite party could be compensated by costs, thereby setting aside the orders of the Trial Court and Revisional Authority.

30 Jun 2017

The case arises from a civil suit filed by Respondent No.1 (Plaintiff) in the Small Causes Court, Pune, being Civil Suit No.371 of 2013, seeking relie...

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...

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