Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint sought before cross examination of complainant - Correction of cheque number - Admittedly, last digit of cheque number is wrongly typed in notice as well as in complaint - Though notice was received by respondent, but he did not reply to it - Typographical error of cheque number..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Condition of notice u/s 138 Proviso (b) of the Act is required to be complied with meticulously - Even typographical error can be no defence - Error even if typographical would be fatal to legality of notice, given the need for strict mandatory compliance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographical error - Amendment sought from `Desi Ghee (Milk products)' to `milk' - Amendment sought when examination-in-chief of complainant had concluded and cross examination was pending - Considering stage of trial no prejudice will be caused to accused - Actual facts have..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree of possession - Objections - Objection regarding averment made in caveat petition filed by DH claiming to be in possession - Same has been explained by DH by filing reply to application as a typographical error and mistake of counsel - Merely for a wrong assertion made in caveat, execution of decree cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Wrong khasra number was mentioned in plaint - Amendment sought is necessary to fully and properly adjudicate the case - Issues had not been framed and suit was at pre trial stage - Application rightly allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- Review - Criminal Court does not possess the inherent power to review or recall its own orders, except in cases where order suffers from a clerical, typographical or mathematical error - However, said rule is applicable in conjunction with the requirement of ensuring that no party is unfairly prejudiced due to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Typographical error - Admission in written statement cannot be withdrawn on the ground of typographical error...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
