11028/2020 (O-VI R-17 for
amendment of WS), I.A. 11390/2020 (u/s 151 CPC ), CRL.M.A.
12366/2020
11028/2020 (O-VI R-17 for
amendment of WS), I.A. 11390/2020 (u/s 151 CPC ), CRL.M.A.
12366/2020
agitated in the present
criminal petition on the ground that the amendment of the
complaint does not cause any prejudice to the accused ... attained finality, and if the same amendment is
allowed after the cross-examination of P.Ws.1 and 2, it causes
prejudice to the accused
examination of the prosecution witnesses on application filed by the
prosecution. P.Ws.1 to 3 were examined in chief prior to impleading ... entitled to
have fresh trial after amendment of charges, since the cross-examination of
P.Ws.1 to 3 was already deferred
Saini Vs. Standard Chartered Bank & Anr. 1
2. The Defendant filed WS and taken several objections such as material
concealment, improper valuation, suit becoming ... subsequently an amendment application was filed by Plaintiff
side which was allowed and thereupon Defendant was also granted opportunity to file
amended WS and Plaintiff
point is that the
court while dealing with amendment applications should have a liberal
approach and amendment should be disallowed only where the other ... appreciating and dealing with an application
for amendment of pleadings has only to see that the amendment as
sought does not unjustifiably injure the rights
court on
grounds which are manifestly fallacious and untenable.
Relying ,on P.Ws 1 and 2 and the attending circumstances of
the case ... matter which requires the exercise of sound
judicial discretion. After the amendment of sec. 367 , Cr.
P.C. in 1955, it is no longer necessary
Indisputably, recording of evidence of P.Ws.
commenced on 1.7.2010. The prosecution has examined altogether
10 P.Ws. whereafter the prosecution evidence was closed. After ... case of the prosecution that in view of
evidence of P.Ws. 1, 4, 5 and 6, both the abducted persons
namely, Satish Kumar alias
Amaitha and arrested Inder Sahni but Inder Sahni was rescued by P. Ws. 1 to 3 and others and he himself made good his escape ... wife.
2. In view of Section 7(1) , Criminal Law Amendment Act (Act 46 of 1952), the case started by Inder Sahni has been transferred
decided in each case. The above
position got strengthened with the
amendment to Section 42 by Act 9 of
2001."
14. In the instance ... communication to his superior.
However, taking into consideration, his superiors P.Ws.- 1, 2 & 4, the
Superintendents of Custom also joined in raid conducted