Search Results for "2009 amendment"

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Search Results for "2009 amendment"

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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

High Court of Karnataka Quashes Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 as Ultra Vires the Registration of Births and Deaths Act, 1969. Substitution of 'Assistant Commissioner (Sub-Divisional Magistrate)' for 'Magistrate of the First Class or Presidency Magistrate' in Rule 9(3) was held to be beyond the rule-making power under Section 30 of the Act, as it conflicted with the specific mandate of Section 13(3) requiring a judicial order for delayed registrations beyond one year.

17 Apr 2023

The writ petition filed under Articles 226 and 227 of the Constitution of India challenged the validity of the Karnataka Registration of Births and De...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

11 Apr 2014

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

High Court

Bombay High Court Dismisses Writ Petition Challenging Amendment of Plaint in Civil Suit; Upholds Trial Court's Discretion Under Order VI Rule 17 CPC. Proviso to Order VI Rule 17 CPC Regarding Commencement of Trial Is Inapplicable to Suits Filed Before Its Insertion, and Amendment Did Not Alter Nature of Suit or Introduce a Time-Barred Claim.

15 Jan 2018

The dispute originated from a suit filed in 2000 by the respondents (original plaintiffs) against the petitioners (original defendants) seeking declar...

High Court

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.

18 Feb 2014

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

High Court

Bombay High Court Considered Challenge to Family Court Order Rejecting Amendment in Divorce Petition Under Article 227. The Core Issue Was Whether Post-Trial Amendment Seeking Property Sale Relief Constituted a Bar under Order VI Rule 17 CPC and Changed the Suit's Nature.

3 Sep 2025

The Bombay High Court heard a writ petition under Article 227 of the Constitution of India challenging an order of the Family Court, Mumbai, which had...

High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

16 Dec 2025

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Amendment of Written Statement in Property Dispute. Clarificatory Amendment Sought by Illiterate Pardanashin Lady to Incorporate Details of Gift Deed Deemed Necessary for Proper Adjudication Under Order VI Rule 17 of Code of Civil Procedure, 1908.

7 Mar 2024

The matter arose from a writ petition filed before the Bombay High Court, Nagpur Bench, challenging an order dated 13/02/2020 passed by the First Appe...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought After Trial Commenced Without Showing Due Diligence. Order VI Rule 17 CPC Proviso Bars Amendment After Trial Commences Unless Due Diligence is Shown.

22 Feb 2016

The petitioner, Chandrashekhar Pandurang Tumsare, was the defendant in a civil suit. He filed an application under Order VI Rule 17 of the Code of Civ...

High Court

Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court held that an amendment to amplify an existing plea should be liberally allowed before trial, and the due diligence requirement is not an absolute bar.

19 Oct 2012

The petitioner, Shri Cesar Augusto do Rego Fernandes, filed a writ petition challenging an order of the Civil Judge, Junior Division at Panaji, which ...

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