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Factors to be taken into consideration while dealing with application for amendment

On critically analysing both the English and Indian cases, some basic principles emerge which ought to be taken into consideration while allowing or rejecting the application for amendment: (1) whether the amendment sought is imperative for proper and effective adjudication of the case; (2) whether the application for amendment is bona fide or mala fide; (3) the amendment should not cause such prejudice to the other side which cannot be compensated adequately in terms of money; (4) refusing amendment would in fact lead to injustice or lead to multiple litigation; (5) whether the proposed amendment constitutionally or fundamentally changes the nature and character of the case; and (6) as a general rule, the court should decline amendments if a fresh suit on the amended claims would be barred by limitation on the date of application. These are some of the important factors which may be kept in mind while dealing with application filed under Order 6 Rule 17 CPC. These are on...

Criminal case merely cannot be ground to revoke arms license

Mere registration of criminal case cannot be a ground to revoke an arms license, the Bombay High Court has held while directing Pune Commissioner of Police to consider afresh an application of a Shiv Sena leader seeking renewal of his license. A division bench of Justices N H Patil and P D Naik gave the direction while hearing a petition filed by Shiv Sena leader Ajay Bhosale from Pune, challenging a February 2011 order of revocation of his arms licence passed by the Pune Police Com .. The license was revoked on the ground that there were several criminal cases filed against Bhosale in 1991. According to the petition, Bhosale, who was elected as municipal councillor in Pune in 2003, had applied for license to possess a fire arm for self-protection. The Pune police commissioner, being the licensing authority, granted the license which was renewed from time-to-time till 2009. Bhosale's lawyer S B Shetye argued that under section 17(B) of the Arms Act, license can be revoked only if t...