Amendment

  1. Whether a law is of procedural nature or it also effects the substantive rights is to be seen in light of the provision of a particular statute — General principle not applied. Sadiq Hussain Shah v. Azad Govt. and another 1998 SCR 27 (A)
  2. Amendments in P.P.C. and Cr.P.C. — After the amendment in P.P.C. not only the nature of offence of causing injury by rash driving has become grave but the punishment has also been increased — Such amendment would not operate retrospectively. Sadiq Hussain Shah v. Azad Govt. and another 1998 SCR 27 (B)
  3. An amendment could not be allowed where it would take away a defendant’s right accrued to him by lapse of time. Mumtaz H. Khan and 5 others v. M. Hussain and 3 others 2000 SCR 618 (G)
  4. Law is now firmly settled that amendment can be allowed at any stage — Amendment can even be granted by the Supreme Court. Anwar H. v. Manzoor Ahmed and 2 others 2000 SCR 89 (A)
  5. Only that amendment is to be allowed which is essential for the purpose of determining the real point in controversy between the parties. Mumtaz Hussain Khan and 5 others v. Muhammad Hussain and 3 others 2000 SCR 618 (F) 
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