AI Overview...
-
Amendment in Interim Applications Permissible - Courts have recognized that amendments to pleadings or applications made during ongoing proceedings are generally permissible, provided they do not alter the fundamental nature of the case. Courts have allowed amendments under Order VI Rule 17 CPC, emphasizing flexibility to ensure justice while safeguarding against dishonest or prejudicial changes Prof. Qamar Ahsan VS Phulo Paswan - Patna, GAJ SINGH YADAV VS SATISH CHANDER YADAV - Delhi.
-
Timing of Amendment - Amendments sought prior to amendments in law or after specific statutory changes are often considered permissible if they do not conflict with the law in force at the time of the original filing. For instance, amendments made before the 2012 amendments to procedures were allowed, indicating that the timing of the amendment relative to legislative changes is crucial Prof. Qamar Ahsan VS Phulo Paswan - Patna.
-
Scope and Nature of Amendment - Courts have distinguished between amendments that do not change the nature of the suit or cause of action and those that do. Permissible amendments include clarifications, adding parties, or correcting pleadings without introducing new or inconsistent claims. Amendments that introduce a new case or cause of action are typically rejected K. Jacob VS Madras Medical Mission, Represented by its Honourable Secretary (Inteim), Chennai - Madras, TAKHATSINH CHANDRASINH GOHIL vs PRABHATBEN HATHISINH GOHIL - Gujarat.
-
Court Discretion and Principles - The discretion exercised by courts in allowing amendments depends on whether the proposed change is bona fide, does not cause prejudice, and aligns with procedural rules. Courts have set principles that amendments should not be dishonest or intended to delay proceedings DARSHAN SINGH KOCHHAR VS JASWANT SINGH KOCHAR (DECEASED) - Delhi, GAJ SINGH YADAV VS SATISH CHANDER YADAV - Delhi.
-
Specific Cases of Amendment Rejection - Amendments that are dishonest, introduce new causes of action, or substantially change the case are often rejected. For example, amendments that alter the fundamental nature of the suit or are intended to cause prejudice have been dismissed J. C. KHOSLA VS KHOSLA MEDICAL INSTITUTE AND RESEARCH SOCIETY LIMITED - Delhi.
-
Conclusion - Amendments in interim applications are generally permissible if they are made within the framework of procedural rules, do not change the core issues, and are made in good faith. Courts tend to favor flexibility to ensure substantive justice, provided the amendments do not prejudice the opposing party or alter the essence of the case Prof. Qamar Ahsan VS Phulo Paswan - Patna, GAJ SINGH YADAV VS SATISH CHANDER YADAV - Delhi.
References: - Prof. Qamar Ahsan VS Phulo Paswan - Patna - K. Jacob VS Madras Medical Mission, Represented by its Honourable Secretary (Inteim), Chennai - Madras - TAKHATSINH CHANDRASINH GOHIL vs PRABHATBEN HATHISINH GOHIL - Gujarat - Edelweiss Asset Reconstruction Company Limited VS Meeti Developers Private Limited - Bombay - M/S ST MARY''S HOTELS (P) LTD & ANR vs T O ALEYAS & 7 OTHERS - Kerala - Dr Chitra Yadav vs Union Public Service Commission - Central Administrative Tribunal - DARSHAN SINGH KOCHHAR VS JASWANT SINGH KOCHAR (DECEASED) - Delhi - GAJ SINGH YADAV VS SATISH CHANDER YADAV - Delhi - J. C. KHOSLA VS KHOSLA MEDICAL INSTITUTE AND RESEARCH SOCIETY LIMITED - Delhi - ASHOK K. GHOSH VS ROTARY INTERNATIONAL - Delhi
Search Results for "Amendment Preferred in Interim Application is Permissible"
2019 0 Supreme(Pat) 970 • India - Patna
AMRESHWAR PRATAP SAHI, ANJANA MISHRA
2016 (3) PLJR 651, (1991) 4 SCC 109, 1985 PLJR 77 – Referred ... The learned Single Judge has referred to the amendments made in the year 2012. The same would not apply in the present case as the advertisement was of the year 2008, much prior to the amendment. ... The contempt application being M.J.C. No. 60 of 2018 giving rise to L.P.A. No. 1114 of 2018 was dismissed on 9th January, 2019 that has been noticed in the second interim order passed by us on 21st of February, 2019. ... Jite....
2022 0 Supreme(Mad) 3529 • India - Madras
KRISHNAN RAMASAMY
Amendment of Plaint - Application filed under Order XIV Rule 8 of Original Side Rules 1908 read with Order VI Rule 17 CPC seeking ... notice was permissible and whether the suits were properly valued. ... Finding of the Court: The Court allowed the amendment, stating that the proposed amendment did not change the nature ... The applicants/plaintiffs immediately moved applications before this Court, wherein, this Court granted interim injunction, restraining the resp....
• India - High Court of Gujarat
B.N. KARIA, J
(A) Code of Civil Procedure, 1908 - Order 6 Rule 17 - Amendment of plaint - An application for amendment of plaint was allowed by ... ... ... Result: The impugned order allowing the amendment application below Exh. 77 is quashed and set aside. ... ... ... Issues: The primary issues were whether the amendment altered the nature of the case and whether it was permissible under ... Regular Civil Suit No. 13 of 2019 to amend the suit vide application....
2024 0 Supreme(Bom) 1101 • India - Bombay
N. J. JAMADAR
... ... Result: The application for amendment was partly allowed. ... (A) Code of Civil Procedure, 1908 - Order I Rule 10 and Order VI Rule 17 - Amendment of plaint - Application to implead Ajmera Luxe ... ... ... Findings of Court: ... The application for amendment was partly allowed, permitting the inclusion of certain averments while ... The plaintiff also filed Interim Application No. 431 of 2024 seeking ad-interim and #HL_S....
2010 Supreme(Online)(KER) 20747 • India - High Court of Kerala
PIUS C.KURIAKOSE, C.K. ABDUL REHIM, JJ
Amendment - Company Law - Companies Act 1956 - Sections 10-F, 397, 398, 402, 111 - The court upheld the amendment granted by the ... Company Law Board, emphasizing the need for the amendment for proper adjudication, while highlighting the discretion exercised by ... Finding of the Court: The court confirmed the Company Law Board's order granting amendment, acknowledging that the ... Finding them not successful in obtaining interim orders even after two months, the respondents filed an applic....
2025 Supreme(Online)(CAT) 887 • India - Central Administrative Tribunal
Mr. Justice Om Prakash, J, Mr. Mohan Pyare, A
... ... Result: Amendment Application No. 2632 of 2024 is allowed. ... The notification was withdrawn, prompting the amendment application. ... The court allowed the amendment application, condoning the delay in filing. ... Subsequently, the applicant has filed the instant amendment application along with delay condonation application. ... Thus, prayer was made by the respondents to reject the amendment #HL_START....
1997 0 Supreme(Del) 892 • India - Delhi
K.S.GUPTA
Final Decision: The court dismissed the application for amendment of the written statement with costs of Rs. 1,500. ... Ratio Decidendi: The court held that the amendments sought were not permissible as they were dishonest and introduced a new ... Issues: Whether the amendments sought by the defendants were permissible under Order VI Rule 17 read with Section 151 of the ... GUPTA ... ( 1 ) DEFENDANTS 1 (a), (b) and (c) legal representatives of deceased defendant No. 1 Jaswant Singh....
1997 0 Supreme(Del) 820 • India - Delhi
B.GOEL
GROUNDS OF FRAUD AND CONTRAVENTION OF ORDER 23 RULE 3 - PERMISSIBLE - AMENDMENT DOES NOT INTRODUCE NEW CASE OR CAUSE OF ACTION BUT ... CIVIL PROCEDURE CODE - ORDER 6 RULE 17 - AMENDMENT OF PLEADINGS - AMENDMENT OF APPLICATION UNDER SECTION 152 AND 151 CPC TO INCLUDE ... Final Decision: The court allowed the application for amendment of the application under Section 152 and 151 CPC, subject ... ... ( 6 ) BY IA No. 1327/97 tile defendants 14 and 16 a....
1995 0 Supreme(Del) 531 • India - Delhi
DEVENDER GUPTA
The court dismissed the plaintiff's applications for amendment of the plaint and addition of new defendants. 3. ... The court dismissed the plaintiff's applications for leave to sue in representative capacity and amendment of the plaint to convert ... PUBLIC TRUST - SECTION 92 CIVIL PROCEDURE CODE - SUIT FOR DECLARATION - CONDITIONS - RELIEF - AMENDMENT OF PLAINT - LEAVE TO SUE ... When the proposed amendments are likely to change the entire nature of the suit, amendments#HL....
1992 0 Supreme(Del) 507 • India - Delhi
V.B.BANSAL
AMENDMENT OF PLEADINGS - WRITTEN STATEMENT AND REPLY TO APPLICATION FOR INJUNCTION - PRINCIPLES GOVERNING AMENDMENT - RELEVANT ... The defendants filed applications for amendment of the written statement and reply to the application for injunction, seeking to ... proposed in the reply to the application for injunction. 5. ... As already referred to, the defendants 1 and 2 have filed theirwritten statement as also the reply to the applicatio....
Filter by Legal Phrase
