CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

Civil Procedure Code, 1908 (V of 1908) Order 1, Rule 15, Order 6 Rule 17 – Amendment of Plaint – Initially the plaintiff had filed a suit for grant of permanent injunction against the private defendants on the allegations that they were threatening to dig up the water pipes buried by him under the road for the purpose of irrigation of his fields - There is no mention in the plaint with regard to Punjab Mandi Board cancelling the permission granted to the plaintiff or threatening to remove those pipes – Nature of suit is also sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only - The applications under Order 1 Rule 10 CPC and Order 6 Rule 17 CPC could not be allowed under the circumstances - Trial Court was fully justified in dismissing both the application.

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Tags: (2022-1)205 PLR 471, 2022 PLRonline 8254, CPC O. 1 R. 15, CPC O. 6 R. 17, MALKIT SINGH v. KEWAL SINGH

CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

NDPS S. 2 (viia) read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A – “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance – Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A) – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

NIA S. 118 – Unaccounted transactions – All promissory notes appear to have been executed on the same day – If these are unaccounted transactions they are illegal transactions for which no court can pass a decree. [PLRonline 213601]

CrPC S. 438 – extra-territorial anticipatory bail.

Insurance – Insurer assumes a fiduciary duty to act in good faith and honour their commitment. This responsibility becomes particularly pronounced when the insured, in their actions, have not been negligent. [SupremeCourtOnline 448604 ]

Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]

NIA S. 143-A (2) – Interim compensation – 20% is a maximum limit provided – Court is required to give reasons as to why, in a particular case, maximum limit of interim compensation provided in the Act is being awarded – Order imposing 20% set aside. [(2023-4)212 PLR 116]

CPC O. 9 R. 13 – Setting aside exparte judgment – Resident of Canada and the plaintiff had not given her correct address of that country - Setting aside upheld. 2022 PLRonline 8454

CPC O. 9 R. 13 – Exparte judgment – Deceased not heard of for last more than seven years, as such, he was presumed to be dead and plaintiff was entitled to get property – Only arrayed General Public was required to implead relatives.

CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

Related Posts

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

CPC O. 22 R. 3 – Abatement – P&H amendment – Where the legal heirs of the deceased are not brought on record within the prescribed period, the suit shall not abate under O 22 R 3 CPC. [PLRonline 328702]

CPC O. 40 R. 1 – “just and convenient” explained – Receiver is regarded as one of the harshest remedy which the law provides for the enforcement of its rights. [PLRonline.in]

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