Electricity Act, 2003, Section 56 -- Electricity dues - Non-payment - Negligence on part of licensee which led to short billing in first instance and rectification of same after mistake is detected, is not covered by S.56(1) of the Act - Consequently, any claim so made by licensee after detection of their mistake, may not fall within mischief `no sum due from any consumer..........
Civil Procedure Code, 1908, Section 152 -- Judgment/order - Rectification of typographical error or any clerical mistake - Once, judgment/order is pronounced and if any party to the same wants any rectification of any typographical error and any clerical mistake regarding date or number, such a party may apply to the concerned Court for correcting such an error in the..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Rectification of inadvertent mistake of mentioning wrong survey number - Plaintiff in his cross-examination confronted thrice about correct survey number from which cause in the suit had arisen - No inadvertent mistake or clerical mistake reflected from said testimony - Attempt on the part of plaintiff..........
Limitation Act, 1963, Article 113, Specific Relief Act, 1963, Section 26 -- Limitation - Suit for rectification of name of father of plaintiff in sale deed - Rectification of instrument is governed by S.26 of Specific Relief Act in which no limitation has been provided - Moreover, for rectification of errors which are inadvertently or are result of mutual mistake of..........
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...........
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...........
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 pleadings required for seeking..........
Partnership Act, 1932, Section 64 -- Rectification of mistake - Registrar can rectify mistake `suo moto' or on noticing the mistake being brought into his knowledge by any means including through application by any of partner/partners of Firm concerned...........
Partnership Act, 1932, Section 64 -- S.64 of Act relates to rectification of mistake and it nowhere mentions for rectification of apparent mistake...........
Partnership Act, 1932, Section 64 -- Rectification of mistake - Re-entry of a retired partner - Retirement of appellant from the partnership firm was obtained on the basis of a forged document as at the time of executing the retirement deed and form `E', appellant was not present - State Forensic Science Laboratory report shows dissimilarity in the disputed signatures of..........
