...can be burnt. Type of the material used coupled with the intention of the maker of the alteration would be a more rational test than the test for deciding the permanent structure merely on the material.... 2. This Court, while exercising jurisdiction under S. 115 C.P.C., will not act as a Court of Appeal or sift through the material that is in evidence once over again and come to a different...strenuously contended that on the admitted facts this Court should decide whether a structure erected with destructible material like plywood would constitute erection of a permanent structure. What is...

...identity of an instrument must be changed in order that its legal effect will be altered so as to bring the case within the terms of material alteration vitiating the instrument, must depend upon the nature of the "alteration in each particular case. The test is...enforce its terms as against the first defendant; secondly, that assuming the bond to have been vitiated by a material alteration, the original debt was not extinguished, and the plaintiff is entitled...there has been such a material alteration in the deed as would vitiate it against the first defendant. In our opinion, this question ought to be answered in the affirmative as was done by this Court in...

...the finding of the construction of a balcony (dochatti) and maintained the order of eviction on the ground that it is material alteration in the premises. The decree has been passed under Section 13...this dochatti for his business. This work done by defendant is material alteration in the rented premises and this being without permission of plaintiffs is against the law and on this count the...inference that this is a material alteration is contrary to the principles laid down by this Court in number of decisions. According to the learned counsel, it could not be said to be a construction...

...can be burnt. Type of the material used coupled with the intention of the maker of the alteration would be a more rational test than the test for deciding the permanent structure merely on the..., while exercising jurisdiction under Section 115 C.P.C, will not act as a Court of Appeal or sift through the material that is in evidence once over again and come to a...Petitioner strenuously contended that on the admitted facts this Court should decide whether a structure erected with destructible material like ply-wood would constitute erection of a permanent structure...

...avoids it, because it thereby ceases to be the same instrument." The Judicial Committee observed at p. 333: "A material alteration has been defined in the rule as one which varies the rights, liabilities or legal position of the parties 5 ascertained by the deed, etc.", and after applying that test they...material alteration vitiating agreement. HEADNOTE: The appellant agreed on July 4, 1956 to purchase certain lands from the respondents for Rs. 12,000. A memorandum...since the respondents were liable to clear any encumbrances subsisting on the land before executing the sale deed, cannot be regarded as a material alteration for, it did 1...

...changed in order that its legal effect will be altered so as to bring the case within the terms of material alteration vitiating the instrument, must depend upon the nature of the alteration in each particular case. The test is...character of the instrument either in its terms or the relation of the parties to it, is a material change, or technically, an alteration, and such a change will invalidate the instrument against all..., where the question of material alteration has arisen, there is no case so far as I know in which it has been suggested that an alteration which gave a man a right of action which he would not...

...alterations causing such impact on his mind will be the material alternations. This may be a rough test only for finding out what in a particular case would be “material alteration” but this cannot be said to be a fit test for...finding out in every case what is material alteration in an accommodation. If in my say so, with utmost respect, such a test may be applicable only in some of the cases but...is an alteration in the building but can such a raising of wall be said to constitute “material alteration” in every case? I, therefore, feel that each case should be left to be decided entirely on its own facts and no rigid test of...

...argument with regard to test of material alteration cited the following judgments:(1) (1996) 2 SCC 626...courts below have erred in granting a decree for eviction on the ground of material alteration while ignoring the relevant considerations and proceeding on irrelevant considerations?(2...issue No. 3 with regard to material alteration in the suit property, granted decree of eviction in favour of the respondent-plaintiff landlord.4. The defendants preferred an appeal before...

..., to what extent the identity of an instrument must be changed in order that its legal effect will be altered so as to bring the case within the terms of material alteration vitiating the instrument, must depend upon the nature of the alteration in each particular case. The test is...., held that where the alteration is not in any material respect the principle that the addition and alteration should avoid the instrument altogether should not apply. Be that as it may, whether the...is of no consequance whether the alteration would be beneficial or detrimental to the party sought to be charged on the contract. The important question is whether the integrity and identity of the...

...the same instrument.”The Judicial committee observed at p. 333 (of Ind App) = (at p. 165 of AIR):“A material alteration has been defined in the rule as one which varies the rights, liabilities or legal position of the parties ascertained by the deed, etc.,”and after applying that test they...be said that the judgment of the Court below is not in accordance with law. The learned counsel also had pointed out that the aspect of material alteration had been discussed in detail by the Court...1378 of Volume 12 of Halsbury's Laws of England (Fourth Edition),” if an alteration (by erasure, interlineations, or otherwise) is made in a material part of a deed, after its execution, by or with the...

...instrument must be changed in order that its legal effect will be altered so as to bring the case within the terms of material alteration vitiating the instrument, must depend upon the nature of the alteration in each particular case. The test is...is contended that the incorporation of this statement amounts to a material alteration within the meaning of section 87...of the Negotiable Instruments Act, 1881, which provides that (subject to sections 20, 49, 86 and 125) “any material alteration of a negotiable instrument renders the...

...necessary? Anant Prakash Sinha (supra) holds that, the test is, alteration or addition of charge must have foundation on the material available on record. It can be on the basis of the complaint or...the notice of the trial court the defect in framing the charge to enable the court to rectify it.20. What is the test to be applied in deciding whether any alteration or addition of charge is...:“The alteration or addition of a charge may be done if in the opinion of the court there was an omission in the framing of charge or if upon prima facie examination of the material brought on record...

...eviction of the petitioner from the said premises on the ground of default in payment of rent and material alteration under Section 20(2)(a) and (c) of U.P Act No. 13 of...petitioner has preferred this writ petition.The respondent landlord in connection with material alteration of the tenanted portion has pleaded that the petitioner had removed and replaced...construction amounts to material alteration, diminishing the value and utility of the tenanted portion.In short, the suit has been decreed only on the above ground of material...

...a presumptive opinion as to the existence of the factual ingredients constituting the alleged offence. The test to be adopted by the court while deciding upon an addition or alteration of a charge is...judgment on 13-2-2017.4. On 13-2-2017, an application was filed by the Public Prosecutor under Section 216 CrPC for alteration of charge stating that even though an additional...an opportunity of hearing and recalling witnesses.6. The trial court after hearing arguments on behalf of both the sides and perusing the material available on record...

.... The test of an alteration being material or not is stated in -- 'Nathu Lal V. Mt. Gomti Kuar', AIR 1940 PC 160 (D) thus...with the 1st Respondent and that the deletion of words in the body of the instrument about 4th Respondent being an executant constitutes a material alteration under...pronote is a material alteration of the instrument so as to render it void. Section 87, Negotiable Instruments Act relied...

....6. The test of an alteration being material or not is stated in — ‘Nathu Lal v. Mt. Gomti Kuar...pronote along with the 1st Respondent and that the deletion of words in the body of the instrument about 4th Respondent being an executant constitutes a material alteration under S. 87...liability.5. The next question for consideration is whether the deletion of the words having reference to 4th Respondent being an executant of the pronote is a material alteration of the...

...using appropriate instrument. A brick-wall can be bulldozed. A ply-board can be burnt. Type of the material used coupled with the intention of the maker of the alteration would be a more rational test...not as long as the intention is clear to use such structural alteration reasonable for a long period. The fact that destructible material was used to create such a structural change, does not, in my...than the test for deciding the permanent structure merely on the material used.”5. Keeping in view the law as laid down by this court in the above referred judgment and the nature of the...

...instrument must be changed, in order that its legal effect will be altered, so as to bring the case within the terms of a material alteration vitiating the instrument, must depend upon the nature of the alteration in each particular case. The test is...assuming the bond to have been vitiated by a material alteration, the original debt was not extinguished and the Plaintiff is entitled to succeed on the basis of the original consideration, using the...circumstances there has been such a material alteration in the deed as would vitiate it against the first Defendant. In our opinion, this question ought to be answered in the affirmative, as was done by...

...), wherein a learned single Judge of the Allahabad High Court laid down a good test in order to assess as to whether the alteration or construction would amount to material alteration, so as to affect the value and utility of the building and if this test is...in material impairment in the value and utility of the shop in question. The decision of the Rent Controller was therefore, set aside and the eviction apr plication of the landlord was dismissed...by the tenant on the Thara including its dimensions et cetera and the material used therein has been enumerated. The Local Commissioner indeed took pains to make all measurements which were necessary...

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