Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and permanent injunction - Plaintiff filed the proceedings before revenue Court for correction of revenue entry - Revenue Court directed the parties to go to civil Court - Financial Commissioner upheld the order of Divisional Commissioner and Collector - Suit filed within 3 years from the order of..........
Civil Procedure Code, 1908, Section 151 -- Correction of error in affidavit - U, signed affidavit - Court is duly vested with powers u/s 151 CPC to correct any error and if there is any mistake on the part of witness by not putting the signature on the affidavit, Court can certainly ask such person to do the needful - Moreover, objection to the same has to be pointed out..........
Registration of Births and Deaths Act, 1969, Section 15 -- Correction of entry in birth certificate - Incorporation of name of step father in place of biological father - Permissibility - Entry of a step father replacing name of biological father in Birth certificate maintained under the Act, cannot be made as the name of biological father neither recorded fraudulently or..........
Rent and Eviction -- Revision - Revisional power cannot be equated with the power of reconsideration of all questions of facts as a Court of first appeal - A finding of fact recorded by court/authority below, if perverse or has been arrived at without consideration of the material evidence or such finding is based on no evidence or misreading of the evidence or is grossly..........
Civil Procedure Code, 1908, Section 152 -- Correction in compromise decree - If clerical or arithmetical mistakes in the judgments, decrees or orders or errors arising therein from the accidental slip or omission has been committed by Court, then Court may correct the same on its own motion or on the application of any of the parties - It does not comprehend the correction..........
Civil Procedure Code, 1908, Section 151, 152 -- Clerical mistake - Correction as to clerical mistake in reference petition as well as in the award of Land acquisition proceedings - Can be rectified by way of invoking powers u/ss 151, 152 CPC - Application allowed...........
Criminal Procedure Code, 1973, Section 216 -- Charge - Correction - Correcting date of incident - Wrong mentioning of date of incident in charge, does not vitiate trial, particularly when accused knew that he is asked to face trial for actual date of incident - However, order as to correction of date of incident cannot be said to be without jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction in cause title of plaint - Defendant impleaded in his individual capacity and correction sought to implead him as power of attorney holder - Defect is only of a formal nature and is not in any manner effecting the merits or jurisdiction of Court - Such irregularities can be corrected by Courts..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........
Records -- Correction - As per material on record correction in records allowed...........
