Search Results for "liberal amendment"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "liberal amendment"

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Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

High Court

Bombay High Court Allows Amendment of Plaint in Suit for Declaration and Injunction — Applicant Seeks to Add Averments Regarding Will and Tenancy Rights. Amendment Sought After Commencement of Trial but Before Completion of Evidence — Court Holds That Amendments Necessary for Determining Real Controversy May Be Allowed Even After Trial Has Commenced, Subject to No Prejudice to Opposite Party.

28 Jan 2026

The applicant, Ashok Gupta, filed an Interim Application (IA) in a pending suit seeking amendments to the plaint. The suit was filed for declaration a...

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 Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Court Allows Amendment in 26-Year-Old Tenancy Suit Despite Prolonged Delays. Court Imposes Exemplary Costs on Plaintiffs for Ninth Amendment, Aims to Prevent Multiplicity of Litigation and Encourage Judicial Efficiency

4 Jul 2024

The petition challenges an order by the Small Causes Court, Mumbai, allowing the Plaintiffs to amend their plaint to add grounds of unlawful sublettin...

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 of Plaint in Passing Off Suit Under Order 6 Rule 17 CPC — Assignment of Trade Mark to Third Party Constitutes Subsequent Event Justifying Impleadment and Amendment. The court held that amendment is necessary for effective adjudication and does not change the nature of the suit.

2 Feb 2005

The plaintiff, Rasiklal Manikchand Dhariwal, Karta of M/s. R.M. Dhariwal (HUF) and others, filed a suit (Suit No. 574 of 2004) against Kishore Washwan...

High Court

High Court Dismisses Writ Petition Challenging School Tribunal's Order Allowing Amendment of Appeal Memorandum. Amendment Sought to Clarify Resignation Documents as Notice and Resignation Letter Was Held Permissible Under Order VI Rule 17 CPC Despite Being Filed After Conclusion of Final Arguments, as It Was Clarificatory and Not Prejudicial.

6 Apr 2026

The dispute arose from an appeal filed by a teacher challenging his resignation and seeking reinstatement under Section 9 of the Maharashtra Employees...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

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