Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistakes - Correction in judgment and decree - Provision does not empower the court to have a second thought over the matter and to find that a better order or decree could or should be passed - There cannot be re-consideration of merits of the matter to come to a conclusion that it would have been better..........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistakes - Correction in judgment and decree - Mutual consent divorce petition - Separate memorandum of agreement between parties - Averment in divorce petition that agreement be treated as part and parcel of petition - However, prayer not made that agreement be made part of decree - Decree dissolving..........
Civil Procedure Code, 1908, Section 151, 152, 153 -- Compromise decree - Some confusion or misunderstanding or error on part of parties while entering into compromise - Modification of decree by explaining intention of parties in arriving at compromise is clearly beyond scope of the provisions...........
Criminal Procedure Code, 1973, Section 154, 152 -- FIR - Need not disclose all details relating to alleged offence but it should disclose that offence alleged is either cognizable or non cognizable...........
Civil Procedure Code, 1908, Section 152, Order 23, Rule 3 -- Compromise decree - Court after passing the decree can go into the terms of settlement and interpret the same in the manner as prescribed - Such action on the part of Court is neither beyond the scope as prescribed under S.152 of CPC nor substantial variation or modification of the order which can go to the root..........
Civil Procedure Code, 1908, Section 152, Order 22, Rule 1 -- Death of D.H. after passing of decree - Successor-in-interest seeking substitution of his name in place of D.H. - Court having become functuous officio on final disposal of proceedings before it, has no jurisdiction to entertain application - Entitlement of applicant to benefit of decree is not dependent upon..........
Civil Procedure Code, 1908, Section 152 -- Judgment and decree - Amendment - Every Court has inherent power to vary or amend its own decree or order so as to carry out its own meaning - In so doing it does nothing but exercises a power to correct a mistake of its ministerial officer by whom the decree or order was drawn up...........
Civil Procedure Code, 1908, Section 152, Order 13, Rule 2 -- Compromise decree - Words 'Payment of interest from 19.9.1990 till realisation' omitted in decree while it appeared in the judgment - There was no mention of these words in the statement of J.D. - Amendment/rectification of decree sought - Judgment not conducing to the statement of the parties whereas decree..........
Civil Procedure Code, 1908, Section 152 -- Interest for the period of pendency of suit not granted - However, interest for the post-decretal period allowed - Correction in judgment - Held, accidental slip not to grant pendente lite interest can be corrected under S.152 of CPC...........
Civil Procedure Code, 1908, Section 152 -- Prayer for a decree U.O.34.Rr.4 & 5 CPC - However, simple money decree passed - Amendment of decree - Allowed - Decree to be in consonance with the prayer in the plaint - Not necessary that aggrieved party should necessarily file an appeal or review...........
