Registration of Births and Deaths Act, 1969, Section 15, Evidence Act, 1872, Section 35 -- Date of birth - Change in school record - Correction sought on basis of birth certificate issued by Sub Registrar, Birth and Deaths - Birth certificate is public record and its genuineness cannot be doubted - Bye laws of school empowered to make correction in date of birth in school..........
Punjab Land Revenue Act, 1887, Section 16, Constitution of India, 1950, Article 226 -- Correction of Khasra Girdawari - Physical inspection - Held, physical inspection of suit land by concerned revenue officer, after due notice to parties concerned, is decisive factor in cases of correction of khasra girdawari...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - There is signature of respondent as proprietor and it reveals that cheque was dated 10.12.2005 and number `5' has been corrected by altering it as `6' - There is a signature below correction - There is material difference between signature below correction and signature on..........
Punjab Land Revenue Act, 1887, Section 45 -- Record of rights - Jurisdiction of civil Court - Person aggrieved by entry in record of rights or in annual record is required by S.45 of the Act to approach a Civil Court - However, Fard Badar i.e. a correction, particularly, when parties are already litigating on question of title cannot be recorded...........
Punjab Land Revenue Act, 1887, Section 45 -- Record of rights - Correction of entry - Held, a person aggrieved by an entry in record-of-rights or in an annual record is required to approach Civil Court - Fard Badar, i.e. correction, particularly, when parties are already litigating on question of title cannot be recorded - Appeal dismissed...........
Civil suit -- Correction of Khasra Girdawari during pendency of civil suit for title and possession - Held, a Revenue Authority has jurisdiction to conduct spot inspection with regard to change of entries in the khasra girdawari even if a suit involving a question of title and/or possession is pending - However, such an entry is not binding upon Civil Court and any change..........
Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise its own powers..........
Punjab Land Revenue Act, 1887 -- Entries in Khasra Girdawari - Correction of - Civil suit filed by respondent Nos.2 to 4 has already been dismissed as they failed to prove their possession as well as ownership over disputed land - Even petitioners had filed suit for declaration and injunction which they withdrew - Held, such entries are to be made on basis of possession -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review jurisdiction - Exercise of - Held, a party is not entitled to seek a review of a judgment merely for the purpose of a rehearing and a fresh decision of the case - Power of review can be exercised on application of a person, on discovery of new and important matter or evidence which after exercise of due..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of document - Refusal to - Validity - Document sought to be produced being draft of sale deed allegedly having handwritten corrections and cuttings and was unsigned - Alleged draft deed had not been filed with application - Name of Advocate who was alleged to have made corrections had also not been disclosed -..........
