Showing : 11-20 of 97 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 57, Evidence Act, 1872, Section 63, 65, 74-- Secondary evidence - If there is only secondary evidence of transaction in form of certified copy issued from Registrar's office and recitals in document do not match with contentions of party to document, remedy is to seek rectification of document before asserting any claim on basis of that..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of decree - By incorporating boundaries and extent of property agreed to be conveyed - Where property is not described with reference to boundaries at all in suit agreement and only extent is specified, there is no scope for any ambiguity in the identification of property covered by..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification - Mutual mistake can creep in only when the agreement in written form does not expressly state the meeting of minds of contracting party...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 152-- Amendment of decree - Accidental slip or omission - It is duty of Court to correct decree in tune with actual intend of Court and the parties - It is not necessary to drive the parties to a separate litigation for rectification of deed - Even if S.152 CPC does not apply, still it could be..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 3, 5-- Framing of additional issues - Issue as to rectification of survey number - Suit for specific performance - No objection raised by defendants in their written statement with regard to said relief - In such situation, it is not open for defendants to contend that Court below has not properly framed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A-- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - Pleading and proof of fraud or a mutual mistake of parties are mandatory requirements for obtaining a relief of rectification of an instrument...........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - Condition precedent for claiming rectification is the existence of a valid and complete contract - There can be no rectification where there is no prior agreement with reference to which the rectification has to be done...........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, 152, Order 6, Rule 17-- Rectification of error in judgment - Wrong description of property - Rectification allowed as in case plaintiff is relegated to file fresh suit, he may be confronted with applicability of provisions of O.2.R.2 CPC...........

Showing : 11-20 of 97 Results