Case law
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Division and case type: CivilCivil Appeal
…The application for amendment was opposed on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no…
…if an amendment is to be allowed; that if the court is not satisfied as to the truth and substantiality of the proposed amendment it ought to be disallowed; that the proposed amendment must not be immaterial or useless or…
Division and case type: CivilCivil Case
…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…
…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…
Division and case type: CriminalCriminal Appeal
…Rao squarely relies in section 361 97) of the Code as the legal basis for the appeal before us and in support of his contention that the appeal lies to us, he referred us to the Criminal Procedure (Amendment) Bill, 1959 which…
…became the Criminal Procedure (Amendment) Ordinance 1959 which introduced section 361 (7) of the Code.…
Division and case type: Constitutional and Human RightsPetition
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: Constitutional and Human RightsPetition
…There was no amendment to these Regulations of 1998. On 1st July 2002 the Legal Notice 66 was revoked under Legal Notice 118 of 2002. Legal Notice 66/02 which the Applicant intends to rely upon is non existent.…
Division and case type: CivilCivil Appeal
…The learned Judge recorded that by consent the application for amendment of the notice of appeal filed on 12th November, 1997, be granted as prayed with costs of the application being costs in the appeal.…
Division and case type: Constitutional and Human RightsPetition
…There was no amendment to these Regulations of 1998. On 1st July 2002 the Legal Notice 66 was revoked under Legal Notice 118 of 2002. Legal Notice 66/02 which the Applicant intends to rely upon is non existent.…
Division and case type: CivilCivil Appeal
…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…
Division and case type: CivilCivil Appeal
…advertised on the same day as service was effected on the company, that is to say August 31, 1983, whereas, as Mr Englehart pointed out at the beginning of his submissions, the requirement by the then recently introduced amendment…
…It was, I think, common ground that at the time the petition was advertised, it did not comply with rule 23 as it was after the 1983 amendment, which requires advertisement not less than seven days after its service on the…