Civil Procedure Code, 1908, Section 152 -- Scope - Provision can be invoked for limited purpose of correcting clerical errors or arithmetical mistakes in the judgment and cannot be invoked for claiming a substantive relief which was not granted under the decree, or as a pretext to get the order which has attained finality reviewed...........
Civil Procedure Code, 1908, Section 152, 153, 151 -- Clerical mistakes and errors in judgment and decree - Can be corrected by Court at any time either of its own motion or on the application of any of the parties...........
Life Insurance Policy -- Salary Savings Scheme - Money Back Policy - Contribution deducted from salary of the appellant-complainant - Premium instead of LIC head deposited in PLI head due to clerical mistake by pay bill clerk of the office of respondent No.2 - Respondent No.2 directed to make payment of the due amount to the appellant complainant with interest @9% p.a...........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistakes in judgment, decree or order - Correction - Arithmetical mistake is a mistake of calculation, a clerical mistake is a mistake in writing or typing whereas an error arising out of or occurring from accidental slip or omission is an error due to careless mistake on the part of the Court, liable to..........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistakes in judgment, decree or order - Correction - No new arguments or re-arguments or merits can be entertained to facilitate such rectification of mistakes - The provision cannot be invoked to modify, alter or add to the terms of the original order or decree so as to, in effect, pass an effective..........
Civil Procedure Code, 1908, Section 152 -- Founded on the maxim 'actus curiae neminem gravabit' i.e. act of Court shall prejudice no man - Unintentional mistake of Court which may prejudice the cause of any party must and alone can be rectified - Arithmetical mistake is a mistake of calculation, a clerical mistake is a mistake in writing or typing whereas error arising out..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Subsequent purchaser has no right to seek path alleging only a 'clerical mistake' - Another path claimed on the basis of recitals in sale-deed - Recitals in sale-deed cannot affect rights of persons not a party to such sale-deed...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 43A -- Correction of 'clerical mistake' after 40 years of consolidation - No separate application supported by affidavit explaining circumstances for moving application after 40 years of consolidation - Explanation for delay wholly vague and not sufficient for condonation of delay -..........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistake - Neither Arbitrator nor trial Court awarded any pendente lite interest - Held, it is not proper for High Court in revision to grant pendente lite interest in exercise of jurisdiction u/s 152 CPC...........
Criminal Procedure Code, 1973, Section 362 -- Private complaint - Respondents summoned - Revision against - High Court dismissed revision - However, High Court recalled the dismissal order and stayed the trial - Held, such course is not permissible in view of interdict of S.362 Cr.P.C. - Recall of order was not on ground of any clerical or arithmetical error - Recall order..........
