Amendment of written statement. Supreme Court Judgment on Written Statement 2022-10-28

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Jazz and blues are two distinct musical styles that have influenced a wide range of popular music genres, including rock and roll, hip hop, and pop. While they share some common characteristics, there are also some notable differences between the two styles.

One of the main differences between jazz and blues is their origins. Jazz originated in the United States in the late 19th and early 20th centuries, primarily among African American communities in the South. It was influenced by a variety of musical traditions, including European classical music, African music, and the spirituals and work songs of enslaved Africans. Jazz is characterized by its improvisational nature and its use of complex harmonies and rhythms, and it often incorporates elements of swing and bebop.

On the other hand, blues is a style of music that developed in the southern United States in the late 19th and early 20th centuries, also among African American communities. It is characterized by its use of the blues scale and the 12-bar blues structure, as well as its emotional, expressive lyrics. Blues music often reflects the struggles and hardships faced by African Americans, particularly in the pre-civil rights era.

Another difference between jazz and blues is the instruments they are typically played on. Jazz music often features brass instruments, such as trumpets and saxophones, as well as pianos and percussion instruments like drums and bass. Blues, on the other hand, is typically played on the guitar and harmonica, and often features a piano or organ as well.

In terms of musical structure, jazz and blues also differ. Jazz is known for its complex harmonies and improvisation, while blues is characterized by its simple, repetitive structure and reliance on the blues scale. Jazz compositions are often more complex and varied than blues songs, which tend to follow a standard 12-bar structure.

In conclusion, while jazz and blues share some common characteristics, they are also distinct styles of music with their own unique histories, instruments, and structures. Jazz is known for its complex harmonies and improvisation, while blues is characterized by its simple, repetitive structure and expressive lyrics. Both styles have had a significant impact on the development of popular music and continue to be popular today.

Amendments to Written Statements under the CPC

amendment of written statement

To set up a claim of having protection under the provisions of Bombay Rent Act, the licensee must show that he had a subsisting licence on the relevant date. Findings of the Court: Upon perusal of the submissions made and the material available on record, the Court found no reason to arrive at a different conclusion than the trial court. The amendment in the written statement has to be liberally construed unless and until serious prejudice or irreparable loss is caused to the opposite side or the amendment is mala fide. It says that the defendant has the right to add any claim or right which is arisen by the cause of action against the plaintiff. The petitioners, who are original defendants filed an application under Order 6, Rule 17, Civil Procedure Code for amendment of their written statement.

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Application for amendment of written statement

amendment of written statement

The merits of the amendment sought to be incorporated by way of amendment are not to be adjudged at the stage of allowing the prayer of amendment. In the written statement filed by the defendants, it was admitted that the property left by Darbara Singh was succeeded by defendants No. Jitkar inducted the Respondent in the suit premises and also introduced him to the Petitioner landlord, who in turn accepted the Respondent as his direct tenant in the suit premises. If the defendant does not take necessary implications or just give the statement that the fact stated in the plaint is not admitted, it will be considered as the defendant has admitted the facts given in the plaint. It is not in dispute that the application below Exh. The learned Counsel for the Petitioner, to buttress her submission, relied upon the following reported decisions : 11.

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Can written statement be amended at the stage of arguments?

amendment of written statement

On the other hand, the learned Counsel for the Respondent contends that it was permissible for the Respondent to carry out amendment to the written statement at any stage, Including before the Appeal Court and that too even when the stand is inconsistent with the earlier stand; and such amendment will have to be granted to do justice to the parties. Even otherwise the application seeking amendment to the written statement has been filed after trial has commenced. It has no counterpart in the principles relating to amendment of the written statement. New ground of defence The additional ground of defence must be taken before the commencement of trial. Rule of amendment is essentially a rule of justice, equity and good conscience and it has to be exercised in larger interest of doing complete justice to the parties. We have considered the submissions made on behalf of either side. The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint.

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Order 6 rule 17 amendmentof written statement

amendment of written statement

However, the order which has been placed along with the writ petition, being Exh. The merits of the amendment sought to be incorporated by way of amendment are not to be adjudged at the stage of allowing the prayer of amendment. Shri Coutinho, learned Counsel appearing for the Petitioner, has assailed the impugned Order and pointed out that the learned Judge has essentially refused the application for amendment on the ground that the Petitioner was very well aware about the pleadings sought to be incorporated at the time of the filing of the written statement. The appellants defendants are permitted to amend their written statement and incorporate the amendment as prayed in their application. All that he would have to do is change the Advocate blaming it on the previous Advocate. There is no dispute over the fact that the amendment application was filed after the plaintiff had submitted his affidavit in lieu of chief examination. Company is based in Delhi, India, and deals in the infrastructure industry.

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Amendments In Written Statement Cannot Completely Displace Former Admissions: Kerala High Court

amendment of written statement

Learned counsel for the petitioners has submitted that the principles that apply to amendment of written statement are slightly different from those which apply to the amendment of plaint as in case of amendment of written statement the question of prejudice is far less important than in the latter case. In all cases the court has to move with all deligence and scrutinise the relevancey of the proposed amendment. This objection is, however, being raised for the first time across the bar. Moreover it would cause irreparable prejudice to the Petitioner herein, inasmuch as by the proposed amendment, the Respondent has for the first time asserted that he is in possession of the suit premises prior to 1. A party can of course say, he being not a legal expert, would not know immediately that decision of his Advocate is not sound and so he would not be in a position to promptly exercise his choice of Advocates and would be able to do so only after passage of some time, when he would learn or be told about the incorrectness of approach of his Advocate. New facts must be specially pleaded.

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Law Web: Amendment of written statement

amendment of written statement

The instant application seeks orders to introduce a counterclaim as a fresh matter for the very first time. For example, the defendant cannot claim any money which he won in a bet with the plaintiff. Being so, there cannot be any doubt that substantial prejudice was caused to the plaintiff. The Court further held that the admissions made in the written statement can be withdrawn if the same can be explained satisfactorily. Moreover, the said Kondi Rama Dhinde, original defendant No. The Respondent cannot be allowed to take advantage of some averment in the plaint and succeed in this manner. This plea, in my view, is not only inconsistent with the new plea raised in the proposed amendment, but if the proposed amendment is allowed it would be clearly destructive of the original plea.

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Law Web: Basic principles for allowing amendment to written statement

amendment of written statement

Such is not the case here. Inasmuch as, by the proposed amendment, the Respondent, for the first time, wants to assert that he was in possession of the suit premises prior to 1. On the other hand his categorical case was that he was inducted in the suit premises after he was introduced by one Jitkar to the petitioner in the year 1960 and since then the petitioner had accepted him to be his tenant. Elucidating the difference, Justice Dhar stated that while allowing amendment of a written statement, general principle is that the amendment should be allowed even if it amounts to addition of new grounds of defence,substituting or altering a defence or taking inconsistent pleas in the written statement, however, the same principle cannot be applied while considering an application for amendment of a plaint as the same stands on a different footing. Since there is a flagrant disregard of Fundamental Principles of Law, interference of this Court under Article 227 is very much essential.

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Amendments To A Written Statement Can Be Allowed Even If It Amounts To Addition Of New Grounds Of Defence : JKL High Court

amendment of written statement

Petitioner has assailed order dated 12. The Respondent filed appeal being Regular Civil Appeal No. After going through the written … Going by the above, the respondents are right and the appellants are wrong. We are not able to see any admission made by the defendant as such, which was sought to be withdrawn. The Supreme Court held that this event amounts to unfair use of the inherent power of the court, which is not acceptable.

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