Probate and Administration Act, 1889—Section 2—The court has heard two applications regarding the jurisdiction of the court—The first is an interim application for amendment in the petition for grant of Letters of Administration to the property and credits of Claude Lila Narayan Parulekar, claiming that the deceased died intestate and left behind the petitioner and other surviving heirs—The petitioner claims that the deceased had properties in Greater Bombay and Maharashtra, but the specific details were not available—The caveator opposes the amendment, arguing that the petitioner filed the amendment mala fidely and with ulterior motives—The caveator also claims that the petitioner made deliberate false statements and that the deceased left behind a will in 2010—The caveator has filed a Probate ap...
Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—Petitioner moved the High Court, contesting the Trial Court's rejection of his plea under Order VI Rule 17 of the Civil Procedure Code, 1908 (CPC) seeking an amendment to the written statement—The proposed amendments included incorporating preliminary objections, correcting typographical errors in the respondent's house number and Aadhar Card details, and other revisions—The respondent opposed the plea, contending that the amendments were unnecessary for resolving the actual dispute and accused the petitioner of deliberately omitting information readily available to him—The respondent also highlighted technical flaws in the petitioner's amendment application—The High Court upheld the Trial Court's decision, reasoning that the sought amendm...
Electricity Act, 2003—Section 64—Amendment of Tariff Order—The amendment of a tariff order established under Section 64 of the 2003 Act is not permissible during the truing up process—A tariff order holds a quasi-judicial status, and it becomes conclusive and binding upon the concerned parties unless altered or annulled as per Section 64(6) or set aside by the Appellate Authority—During the truing up phase, the Delhi Electricity Regulatory Commission (DERC) lacks the authority to modify the principles, premises, or fundamental aspects of the initial tariff determination. This includes altering the rules or methodologies used in projecting the Aggregate Revenue Requirement (ARR) originally. ...
Civil Procedure Code, 1908—Order 6 Rule 17—Amendment of Written Statement in Partition Suit—The petitioners/defendants in a suit for partition (O.S.No.47/2008) filed an application under Order 6 Rule 17 CPC to amend their written statement, seeking a share in R.S.No.25 if the court concluded that the property had not fallen to the plaintiff in a prior partition—The trial court rejected the application, citing delay—On appeal, the Karnataka High Court held that in partition suits, properties can be included at any stage, even at the final decree stage—The amendment did not contradict the defendants' earlier stance and was necessary to avoid multiplicity of proceedings—Allowing the amendment would not prejudice the plaintiff—The writ petition was allowed, and the trial court was directed t...
Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—Constitution of India, 1950—Article 227—Property ownership and an amendment to the written statement in a case filed in 2002—Appellant sought to introduce ancestral property claims through the amendment—Trial Court allowed the amendment in 2016, but the High Court set it aside in 2016, citing lack of diligence—Supreme Court held that the amendment was justified and that the High Court overstepped its jurisdiction under Article 227—Appellant's appeal was allowed, affirming the Trial Court's amendment order. No costs were awarded. ...
Criminal Procedure Code, 1973 (CrPC)—Section 382—Amendment—High Court of Allahabad in a Criminal Miscellaneous Writ Petition—The High Court, upon considering the case's facts, directed that Section 151 of the Electricity Act, 2003, and Rule 12 of the Electricity Rules should be temporarily suspended and applied only when the proposed amendment of the Electricity Act actually came into effect—However, the appeal court noted that the language in paragraph 4 of the Statement of Objects and Reasons for the amendment to the Electricity Act indicated that the amendment was of a clarificatory nature and, therefore, retrospective in effect—As a result, the impugned order passed by the High Court was set aside, and the court directed that the orders passed by the court should be followed—In summary, th...
Foreign Trade (Development and Regulation) Act, 1992—Section 5—Amendment—Challenging the correctness of the orders issued by the High Court of Gujarat in a Special Civil Application—A notification was issued, and the amendment took effect from the notification's date—This notification allowed exporters who supply from DTA to SEZ to claim the benefit of DEPB in place of drawback for supplies made to SEZ or a unit in SEZ—The circular, on the other hand, is administrative in nature and prescribes the procedure and requirements for claiming the DEPB benefit in lieu of drawback—The court has set aside the orders issued by the High Court and the impugned orders issued by the respondents, determining that the appellant is entitled to the benefit of DEPB in lieu of drawback as claimed—The appeal...
Constitution of India, 1950—Article 133—Amendment—Framed or new evidence needed to be introduced before overturning the judgment was considered—If it became necessary to frame an additional issue and allow the parties to present further evidence, a report could be requested from the trial court regarding this additional issue—A remand could be ordered only if the trial court's judgment was incorrect, and the appellate court could not make a decision, not solely because an amendment was allowed—Without expressing any opinion on the merits of the case, the court has set aside the judgment passed by the High Court—As a result, the appeal has been disposed of. ...
Contract Act, 1872—Section 65—Civil Procedure Code, 1908 (CPC)—Order 12 Rule 6, Order 21 Rule 8, Order 6 Rule 17—Judgment of the High Court of Karnataka, which set aside the trial court's order allowing an amendment to the original plaint—The appellant initially filed a suit for the recovery of Rs. 52,97,111/- and alternatively sought possession of the entire property based on a sale deed dated 30.9.1987. Subsequently, the appellant sought to amend the plaint, introducing new paragraphs and prayers, claiming ownership of the property exempted under the repealed Urban Land (Ceiling & Regulation) Act, 1976—The High Court held that the proposed amendment changed the character of the suit and adversely affected the respondents' rights, disallowing it—The Supreme Court upheld the High Court...
Hindu Marriage Act, 1955—Section 13—Respondent's application for the amendment of the written statement was initially dismissed, and subsequent requests for the recall of that order were also rejected—In the interim, the appellant's petition was decreed—The Family Court closed the respondent's evidence, heard arguments, and pronounced judgment—The High Court, however, remitted the case for providing the respondent further opportunity to cross-examine the appellant and present evidence—The Supreme Court, in allowing the appeal, held that the Family Court's decision to close evidence and proceed to judgment was appropriate—The High Court erred in interfering with the Family Court's discretion, and the appeal was allowed on that basis. ...
Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—Amendment of the plaint —Respondent filed an application under Order 6 Rule 17 seeking the amendment of the plaint to assert ownership of the entire trust property, contending that the property was joint family property and, as the sole heir, he was entitled to the entire property due to the abandonment of the trust idea by defendant No—1 (now deceased)—The application was considered highly belated, both from the date of the preliminary decree (25th May 1979) and the date of the death of defendant No—1 (8th November 1982)—Consequently, the court rejected the application for amendment. ...
East Punjab Urban Rent Restriction Act, 1949—Section 13—Civil Procedure Code, 1908 — Order 6, Rule 17 — Amendment of written statement—In a proceeding for ejectment, the appellant sought to amend his written statement to clarify inadvertences and confusion, without intending to withdraw any admissions—The Rent Controller rejected the application, fearing withdrawal of admissions, and the High Court affirmed it—The Supreme Court held that the refusal was unjustified, emphasizing that issues were yet to be framed, no evidence was presented, and documents were not filed—It noted that amending a written statement is different from amending a plaint, with a more liberal approach allowed for defenses—The Court highlighted that amendments can explain admissions, and there was no basis for ass...
Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17, Section 115, Section 151—Appeal involves a clerical mistake in the town survey number in a plaint. The High Court allowed the application for amendment, noting that the appellants failed to demonstrate any prejudice. The court stated that in such cases, the principle of natural justice would be an empty formality, and consequently, the appeal was dismissed. ...
Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Discretion to allow the amendment of pleadings is wide enough to permit amendments even in cases with substantial delays—While the dominant purpose is to minimize litigation, the court can exercise its discretion judiciously, considering the facts and circumstances of each case—The court may even allow amendments when a relief is barred due to the expiration of the limitation period, depending on whether it subserves the cause of justice and avoids further litigation—There is no absolute rule against allowing amendments in such cases, and the decision rests on the discretion of the court.In a specific case, the court rejected the denial of relief on the ground that the proposed amendment was barred by limitation—The dispute between the parties regarding ...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 22—Twelve years of rigorous imprisonment and a fine of one lakh rupees—The counsel argued for a reduced sentence citing an amendment that prescribed lesser punishment for possession of a smaller quantity, but it wasn't applicable retroactively—The appellant was found with 430 grams of 'Charas.' Considering the circumstances, the court reduced the imprisonment term to ten years while maintaining the fine—The appeal was disposed of accordingly. ...
Criminal Procedure Code, 1973 (CrPC)—Section 125, Section 125(1), Section 126, Section 126(1), Section 488, Section 488(6), Section 488(7), Section 488(8)—Territorial Jurisdiction in Maintenance Proceedings: Section 126(1)(a) of the Criminal Procedure Code (CrPC) distinguishes between the territorial jurisdiction for wives/children (clauses b & c) and parents—While wives and children can initiate proceedings where they reside, parents must file claims where the person from whom maintenance is sought resides—The amendment from Section 488 recognizes the need to address wives living away from their husbands due to desertion—The term 'is' in Section 126(1)(a) denotes the person's physical presence in the district during proceedings, broader than 'reside.' Notably, Section 125 proceedings ...
Civil Procedure Code, 1908 (CPC)—Section 115—General Clauses Act, 1897—Section 5—Amendment to statute—Appellant, a tenant, faces eviction from premises owned by a temple—The respondent, the temple's rent collector, initiated eviction proceedings based on certain grounds under the Karnataka Rent Control Act, 1961—The appellant challenges the eviction decree, citing an amendment in 1994 that expanded the exemption for premises belonging to religious or charitable institutions from the Act's application—The appellant argues that the amendment, which came into force after the proceedings began, deprived the Munsif's jurisdiction over the case—The Supreme Court rejects this argument, emphasizing that the amendment lacks retrospective effect—The Court also dismisses the cla...
Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Motor Vehicles Act, 1988—Section 158(1), Section 158(4) - Compensation Enhancement and Future Medical Expenses—Amendment of Claim Petition—Court's Discretion—The court, under Order 6, Rule 17 of CPC, may permit the amendment of a claim petition seeking enhanced compensation under the Motor Vehicles Act, even at the appellate stage—There is no time limit prescribed for claiming compensation under the Act—The court can grant such amendments if they do not cause injustice or are necessary to determine the real issues—While the Act does not allow fresh awards for future medical expenses, the court, at the final award stage, must consider and estimate such expenses reasonably—Section 168 empowers the Claims Tribunal to award &...
Civil Procedure Code, 1908 (CPC)—Order 20 Rule 10, Order 20 Rule 11, Section 152—Supreme Court, in a case involving a title suit filed in 1978, emphasizes the importance of clear and precise judgments to avoid prolonged litigation—The trial court and appellate court failed to specify the reliefs granted to the plaintiffs, leading to confusion during execution—The Court highlights the obligation on judges to clearly indicate granted reliefs, enabling the proper drafting of decrees—It notes the possibility of recasting or redefining reliefs for clarity—The Court recommends the use of Section 152 of the CPC for correction, allowing courts to amend orders to reflect their true intentions—The appeal is allowed, setting aside the trial court's order, and parties are granted liberty to seek rectification from the High Court for a c...
Civil Procedure Code, 1908 (CPC)—Order 18, Rule 4—Section 1—Section 89—Validity of 2002 Amendment—Constitutionality of these amendments, notes that amendments do not lack legislative competence—However, concerns about practical difficulties in implementing some amendments are acknowledged—The court appreciates assistance from amicus curiae—Specific amendments related to summons, alternative dispute resolution (ADR), intra-court appeals, rejection of plaints, and recording of evidence are discussed—The court suggests the constitution of a committee, including legal experts, to address concerns, devise a model case management formula, and formulate rules for ADR—The committee is also tasked to consider modalities for effective implementation of the amendments and to submit a report...
Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Amendment of plaint—Plaintiff-appellant sought to amend a suit for permanent prohibitory injunction, filed in 1988, to include a claim for title and possession, alleging dispossession by the defendant in 1989—The Trial Court and High Court rejected the amendment, suggesting the plaintiff file a new suit—The Supreme Court allows the appeal, noting that the proposed amendment does not alter the suit's basic structure but only the relief sought—Emphasizing the avoidance of multiplicity of legal proceedings, the Court cites Mst. Rukhmabai vs. Lala Laxminarayan, stating that a suit should not be automatically dismissed for failing to seek appropriate relief initially—The Court relies on Order 6 Rule 17 CPC, allowing amendments at any stage, and hold...
Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17, Section 115, Section 115(1)—Amendment of plaint—High Court order related to a suit concerning the ownership of a piece of land—The appellants sought a declaration of joint ownership and a permanent injunction against alienation—During the proceedings, an application for amendment of the plaint was filed, revealing additional facts about a 1943 decree involving the sale of the land—The trial court allowed the amendment, but the High Court set aside this decision, citing a potential attack on a 1943 decree—The Supreme Court held that the High Court's order was not revisable under Section 115 CPC, emphasizing that amendments to pleadings do not cause irreparable harm or failure of justice—Consequently, the appeal was allowed, the impugned or...
Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Supreme Court, in a securities transaction case, refused permission for amendment to the appellant's written statement, seeking to introduce a plea that the transaction was against public policy—The respondent had filed a suit for the recovery of sale consideration, and the appellant had initially pleaded the squaring up of the transaction in the written statement—The Court held that allowing an amendment at the appeal stage was impermissible, especially when it contradicted the existing plea—Emphasizing that the Securities Contracts (Regulation) Act, 1956, did not render the transaction against public policy, the Court rejected the proposed amendment, noting that the written statement should have been amended at the trial court, not at the Supreme Court l...
Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Permitted the amendment of an eviction petition under Order 6, Rule 17 of the Civil Procedure Code, emphasizing that the proposed amendments did not alter the plaintiff's admission in favor of the defendant and did not prejudice the defendant's interests—The amendments were based on entries in revenue records, aiming to clarify the defendant's status as a permissive occupier rather than an owner—The court noted that the proposed amendments were necessary for a comprehensive adjudication of the dispute, avoiding multiplicity of proceedings—Despite a delay in seeking the amendment, the court found that no new defense was introduced, and the plaintiff suffered no irretrievable prejudice—The High Court's order, setting aside the amendment all...
Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Partition suit based on a registered Will, where the plaintiff claimed partition relying on the Will, the defendant sought an amendment to the written statement challenging the genuineness of the Will—The court granted the amendment application, rejecting the contention that the defendants did not dispute the genuineness of the Will in the original written statement—The court emphasized that the rejection of the amendment solely on this ground was improper, especially when the court was obligated to decide the genuineness of the Will.The plaintiff, seeking permission to adduce additional evidence to prove the validity of the Will, faced rejection by the court—However, the rejection was deemed illegal as the amendment of the written statement allowed the plaint...
Civil Procedure Code, 1908 (CPC)—Section 115, Section 152—Res Judicata and Amendment of Decree—Review Petition and Special Leave Petition (SLP)—High Court's review petition dismissed; subsequent SLP filed before Supreme Court also dismissed without reasons—No res judicata in filing a second SLP challenging High Court's order rejecting review petition—Supreme Court's rejection of the first SLP did not merge with the High Court's order—Amendment of decree sought for non-granting of pendente lite interest as per arbitration award—Court held it was not an accidental mistake and disallowed the amendment under CPC Sections 115 and 152—Emphasizing that nothing can be added or subtracted in a decree—Omission of interest pendente lite cannot be corrected under Section 152 ...
Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—Appellant sought a decree of permanent injunction against the respondents for demolishing a compound wall on the suit property—Subsequently, the appellant applied under Order 6 Rule 17 to amend the plaint during ongoing proceedings—The trial court rejected the amendment request, a decision upheld by the High Court, citing the introduction of a new cause of action and the alleged change in the suit's nature—The High Court also considered the plea as time-barred—The appellant appealed, arguing for a liberal approach to amendments, emphasizing the aim of minimizing litigation—The Supreme Court, referring to legal precedents, allowed the appeal, setting aside the impugned order—The appellant was granted permission to amend the plaint, with a c...
Constitution of India, 1950—Article 14, Article 16, Article 32—Food Corporations Act, 1964—Section 45—Food Corporation of India (FCI) established under the Food Corporation of India Act, 1945, had the power to make regulations under Section 45 of the Act—Amendments were made to the FCI (Staff) Regulations in 1976 and 1977, fixing different periods of service as eligibility criteria for promotion based on educational qualifications—Several legal challenges were raised against these amendments in various High Courts, resulting in conflicting judgments—The Kerala High Court and the Andhra Pradesh High Court quashed the amendments, while the Punjab and Haryana High Court upheld them—The Corporation withdrew the amendments and granted promotions in line with the Andhra Pradesh High Court's de...
Constitution of India, 1950—Article 14, Article 16, Article 309—Amendment of Promotion Scheme for Societal Employees—Absence of statutory rules, a society's competent body has the authority to amend service conditions through resolutions—Such amendments, if introducing uniform criteria applicable to all, are not arbitrary or violative of constitutional principles—Executive instructions alone cannot alter statutory rules—The replacement of a previous promotion scheme with a new one, such as the U.G.C.'s Career Assessment Scheme effective from January 1, 1986, does not breach constitutional standards if it offers improved conditions, like extending service requirements from five to twelve years—The amended scheme, by providing better opportunities for advancement and ensuring uniformity, rem...
Uttar Pradesh Intermediate Education Act, 1921—Section 16—Constitution of India, 1950—Article 309—Amendment to the Rajasthan State Agricultural Marketing Service Rules, 1986, creating a new cadre with entirely different qualifications for the posts of Assistant Director (Junior)/Secretary Market Committee and Marketing Officers, renders the earlier posts abolished and establishes distinct criteria for eligibility—Candidates under the unamended rules cannot claim consideration for vacancies existing prior to the amendment, as the posts and rules themselves cease to exist—Even if vacancies under the old rules were being carried forward, the abolition of those posts and creation of a new cadre render previous processes obsolete—Notification of new posts under the amended rules does not contravene any...
Constitution of India, 1950—Article—229(2) - Amendment allowing promotion of non-law graduates to Court Officer positions upheld by Supreme Court—Rule modification considered valid, ensures capacity for bench work and limited promotional opportunities—Historical context acknowledged; educational qualification basis for promotion deemed permissible—Ruling contrasts with prior judgments, emphasizes rule's careful provisions—Appeals allowed, impugned judgment set aside. ...
Land Acquisition Act, 1894—Section 1A, Section 23(2)—Dismissed as it was not raised earlier—However, legislative amendments were made to address the issue—Section 60-A of the Act, introduced by State Amendment Act 29 of 1987, clarified that actions taken before the commencement of the Central Amendment Act 68 of 1984 would not be revisited—The court determined entitlements to compensation, interest, and solatium based on the amended provisions—Claimants were awarded enhanced solatium from the commencement of the Act but not anterior thereto—Interest was granted at 9% per annum on enhanced compensation from the commencement of the Act until one year thereafter, and at 15% thereafter until payment or deposit—Additional amounts under Section 23(1-A) were not awarded as the proceedings were not ...
Civil Procedure Code, 1908 (CPC)—Order 6, Rule 17—Amendment of plaint—An appeal against the High Court of Allahabad's judgment, the appellant contested an eviction decree and arrears of rent claims—The trial court exempted the building, constructed in 1971, from the New Rent Act, citing a 10-year exemption period—The High Court upheld the trial court’s findings, noting the building’s completion date as October 1, 1971, and confirming it was not ten years old at the suit's initiation—The Supreme Court addressed whether the New Rent Act applied if the building aged ten years during litigation—Referring to Pasupuleti Venkateswarlu v. The Motor and General Traders, the Court allowed consideration of updated facts—It concluded that the appellant could claim the New Rent Act&rs...
Criminal Procedure (Amendment) Act, 1955 - Section 116—Magistrate's decision disallowing his application to testify as a witness under Section 342A of the amended Criminal Procedure Code (Code)— The proceedings against the appellant, initiated in 1954, were ongoing when the Criminal Procedure Code (Amendment) Act (26 of 1955) came into effect on January 2, 1956— Section 342A of the amended Code allows an accused to testify in their defense but was not applied to the appellant’s case— The High Court interpreted Section 116 of the amending Act to exclude application of the amended provisions to pending proceedings— The Supreme Court held that Section 342A applied to ongoing proceedings, correcting the High Court’s interpretation— The Court ruled that the appellant was entitled to testify u...