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Landmark Judgments and Articles on Law

When should the court not allow Amendment of plaint at the Appellate stage?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8199 of 2009 Decided On: 15.02.2019 Mehboob-Ur-Rehman Vs. Ahsanul Ghani Hon’ble Judges/Coram: Abhay Manohar Sapre and Dinesh Maheshwari, JJ. Citation: 2020(2) MHLJ 58 1. The Appellant herein (since deceased and represented by his legal representatives) had…

Whether plaintiff can be permitted to file replication or rejoinder to written statement?

IN THE HIGH COURT OF BOMBAY AT GOA Writ Petition No. 524 of 2009 Decided On: 23.09.2009 Shri Datta Laxmikant Nayak Karmali Vs. Mrs. Priya Daata Nayak Karmali, nee Ms. Priya Narshiv Pissurlekar Hon’ble Judges/Coram: A.H. Joshi, J. 1. Rule. 2. Rule is made returnable…

Whether court should allow amendment of plaint and production of document after remand of suit?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 882 of 2018 (Arising out of S.L.P. (C) No. 9651 of 2017) Decided On: 25.01.2018 N.C. Bansal Vs. Uttar Pradesh Financial Corporation and Ors. Hon’ble Judges/Coram: R.K. Agrawal and Abhay Manohar Sapre, JJ. Citation:(2018) 2 SCC347…

Whether court should allow amendment of plaint if it will alter basic structure of suit?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 154 of 2009 (Arising out of S.L.P. (C) No. 9931 of 2008) Decided On: 09.01.2009 Alkapuri Co-operative Housing Society Ltd. Vs. Jayantibhai Naginbhai (deceased) Thr. LRs. Hon’ble Judges/Coram: S.B. Sinha and Mukundakam Sharma, JJ. Citation: AIR…

Section to Counter Sec.498A IPC

Sec 120B Indian Penal Code, 1860 – Punishment of Criminal Conspiracy – You can file a case against your wife alleging that she is conspiring to commit a crime against you. Sec 167 Indian Penal Code, 1860 – Public servant framing an incorrect document with…

Whether court can permit amendment of plaint adding ground of subletting in suit for eviction of tenant?

IN THE HIGH COURT OF ALLAHABAD Civil Misc. Writ Petn. No. 47636 of 1993 Decided On: 24.01.1994 Het Ram Kanodia Vs. Xth Additional District Judge, Kanpur and others Hon’ble Judges/Coram: S.N. Agarwal, J. Citation: AIR 1995 ALLAH 77 1. This writ petition is directed against…

Amendment of plaint prior to filing of examination in chief is Allowed ?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Writ Petition No. 9659 of 2010 Decided On: 04.09.2012 Mahadeo Vs. Balaji Coram:N.H. Patil and U.D. Salvi, JJ. 1. This Writ Petition has been referred to us to answer the following questions of law; i] Whether the view taken by…

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