Amendment - Definition - Law Dictionary Home Dictionary Definition amendment

Definition :

Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.

1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without leave unless the plaintiff has amended his statement of claim.

2. Proceedings in County Courts. Ample powers of amendment, inequitable as in all other proceedings, are possessed by these Courts; and provided for by (English) County Court Rules, 1936, Ord. XV, under (English) County Courts Act, 1934.

3. Criminal Proceedings. Under the Indictments Act, 1915, the Court may amend a defective indictment unless such amendment cannot be made without injustice. Quarter Sessions can amend the statement of grounds of appeal to them from Courts of Summary Jurisdiction upon such terms as to costs and postponement as they may think fit.

As regards Courts of Summary Jurisdiction the King's Bench Division can amend an order bad for want of form upon the return of a writ of certiorari. In these Courts no objection to any information, complaint or summons for any defect in substance or form is allowed, but if the party summoned has been deceived or misled by a defect, the justices may adjourn the hearing.

'Amendment of this Constitution' in Art. 368 means any addition or change in any or the provisions of the constitution within the broad contours of the Preamble and the Constitution to carry out the objectives in the Preamble and the Directive Principles, Kesavananda Bharti v. State of Kerala, AIR 1973 SC 1461 (1535). (Constitution of India, Art. 368)

If a fresh suit on the amended claim is barred by Law of Limitation on the date of the application, the amendment should not normally be allowed. Amendment to be allowed, must be such that it should not cause injustice to the other side. It must be necessary for the purpose of determining the real questions in controversy between the parties. Amendment should not be allowed if it is likely to cause such injury which cannot be compensated in costs such as a claim which is barred on the date of application etc. Amendment should not be allowed if it has got the effect of taking away the legal right accrued to the other side by a reason of lapse of time. Civil Procedure Code, 1908, Order 6, Rule 17 and s. 115, AIR 1957 SC 357 and AIR 1978 SC 484.The word has Latin origin 'emendere'- to amend means to correct the amendment which is a change or alteration is only for the purpose of making the Constitution more perfect, effective and meaning-ful, Raghunathrao Ganpatrao v. Union of India, 1994 Supp (1) SCC 191: AIR 1993 SC 1267 (1282, 1286).

Amendment, means a correction of errors, faults etc., Webster Law Dictionary, p. 47

Means correction of a fault' the curing of a defect; improvement, A Dictionary of Law -- William C. Anderson, 1889, p. 95.

Means a formal revision or addition proposed or made to a statute, constitution, or other instrument, Black Law Dictionary, 7th Edn., p. 81.