In M/s Suvarn Rajaram Bandekar v. Armando Cardozo, the trial court to allow all amendments in the prayer except the prayer with respect to compensation/mesne profits. On appeal, the High Court held that once the substantive amendment had been granted, the trial court could not have refused to allow introduction of a prayer claiming mesne profits. It stated that “the matters about grant of future mesne profits i.e. from the date of filing of the suit till the delivery of possession are exclusively within the discretion of the Trial Court.” Future mesne profits were held to be of two types: from the date of the filing of the suit till the decree is passed and from the date of the decree till actual delivery of the possession. The amendment was subsequently allowed.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
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