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    <title>2013 (2) TMI 572 - HIGH COURT OF KERALA</title>
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    <description>An amendment to a Negotiable Instruments Act complaint was held impermissible where the original pleading lacked the specific averment required to fasten vicarious liability on the fourth accused under Section 141. The proposed change was treated as a new foundational plea, not a mere clerical correction, because it would materially alter the nature and character of the accusation and prejudice the defence. The missing allegation that the accused was in charge of and responsible for the company&#039;s business could not be supplied by amendment at that stage, so the complaint could not be altered against the fourth accused.</description>
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    <pubDate>Tue, 04 Oct 2011 00:00:00 +0530</pubDate>
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      <description>An amendment to a Negotiable Instruments Act complaint was held impermissible where the original pleading lacked the specific averment required to fasten vicarious liability on the fourth accused under Section 141. The proposed change was treated as a new foundational plea, not a mere clerical correction, because it would materially alter the nature and character of the accusation and prejudice the defence. The missing allegation that the accused was in charge of and responsible for the company&#039;s business could not be supplied by amendment at that stage, so the complaint could not be altered against the fourth accused.</description>
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