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Tag: Amendment In Civil Case

Preeti Vs Sandeep Asthana on 6 Sep 2017

Posted on March 3, 2021 by ShadesOfKnife

After discussion the law around converting one petition into one with different pleadings/prayers under Rule 17 of Order VI of the C.P.C., the division bench of Allahabad High Court held that under this rule, Court has power to allow amendment petitions to avoid multiplicity of suits, to do the substantial justice to parties.

Preeti Vs Sandeep Asthana on 6 Sep 2017

Citations : [2017 ADJ 10 232], [2017 ALLWC 5 4646], [2017 ALR 125 133], [2017 ALR 125 397], [2017 ARC 3 853]

Other Sources :

https://indiankanoon.org/doc/66510547/

https://www.casemine.com/judgement/in/5e96b4964653d0536457f983

https://www.indianemployees.com/judgments/details/smt-preeti-vs-sandeep-asthana

https://www.legitquest.com/case/preeti-v-sandeep-asthana/1A8067

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Amendment In Civil Case Catena of Landmark Judgments Referred/Cited to CPC Order 6 Rule 17 - Amendment of pleadings Preeti Vs Sandeep Asthana RCR coverted into Divorce | Leave a comment

Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016

Posted on July 19, 2018 by ShadesOfKnife

Legal point explained: Court (Civil and Criminal) can allow amendments to the complaint/petition, before cognizance of same is taken by Court, either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint

This is a judgment from Hon’ble Supreme Court  where in the issue that arises is whether a court dealing with the petition/complaint filed under the provisions of the Domestic Violence Act, 2005 (hereinafter referred to as ‘the DV Act’) has power to allow amendment to the petition/complaint originally filed.

Original reliefs requested in DV Case

“a) to provide protection to the life and limb of the complainant in the hands of the respondents;
b) to grant monthly maintenance of Rs. 5,000/- to the complainant and her children each towards her maintenance, medicines etc. and her children education and maintenance;
c) to grant such other relief or reliefs if the Hon’ble Court deems fit and proper in the circumstances of the case.”

These are the dole outs the begging knife requested Court to allow in this instant amendment petition

a) To provide protection to life and limb of the complainant in the hands of the respondent.
b) To grant monthly maintenance of Rs. 15,000/- to the complainant and her 2nd child to their maintenance instead of Rs.5000/-
c) Direct the respondent to return the Sridhana amount of Rs.3,00,000/- and 15 sovereigns of gold ornaments and other sari samanas and marriage batuvu presented to the respondent worth about 2 overeigns wrist watch, 7 sovereign gold chain presented by the complainant and her parents.
d) Direct the respondent to pay the compensation of Rs.15 lakhs to the complaint for subjecting the compliant to physical and mental harassments besides including acts of Domestic Violence.
e) Direct the respondent to return the sari samans and other goods like worth more than Rs.10,00,000/- as per the list annexed herewith.

f) Direct the respondent to pay the cost of, litigation to the tune of Rs.25,000/- so far spent by the complainant persuing her litigation.
g) Direct the 1st respondent to provide separate residence by taking rent portion with monthly rent of Rs.10,000/-
h) Directing the respondent to return the original study certificates, medical certificates, deposits certificates and receipts etc.

in the prayer portion paragraphs the following amendment by deleting the prayer original para
b) to grant monthly maintenance of Rs.5,000/- to the complainant and her children each towards her maintenance, medicines etc. and her children education and maintenance.”

Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016

Citations: [2016 SCC ONLINE SC 531]

Other Source links:

https://www.casemine.com/judgement/in/5790b4f1e561097e45a4e644


Case Index is here.


The index page for DV Cases is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Amendment In Civil Case Amendment In Criminal Case Avoid Multiplicity Of Litigation Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari Protection of Women from Domestic Violence Act 2005 Statement of Objects and Reasons Work-In-Progress Article | Leave a comment

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