Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court in exercise of its inherent powers may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Power u/art 227 of Constitution is intended to be used sparingly and only in appropriate cases for the purpose of keeping the subordinate Courts and Tribunals within the bounds of their authority and not for correcting mere errors...........
Arbitration and Conciliation Act, 1996, Section 33 -- Arbitral award - Arbitrator cannot modify award in exercise of powers u/s 33 of the Act - Only in a case of arithmetical and/or clerical error, award can be modified and such errors only can be corrected...........
Criminal Procedure Code, 1973, Section 482, 362 -- FIR quashed by High Court - Recall of order - Only clerical or arithmetical errors can be corrected - Court has no power to recall earlier order passed after contest and that too suo moto...........
Civil Procedure Code, 1908, Section 79, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of S.79 CPC - Defendant ought to have been named as Union of India in suit - These errors or mistakes committed in drafting of plaint could have very well be remedied by trial Court in exercise of powers U.O.1.R.10 CPC or U.O.6.R.17 CPC - Order rejecting plaint held, not proper..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Clerical or arithmetical errors - Supreme Court in exercise of its inherent powers may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, so as to make it conform with terms of compromise...........
Arbitration and Conciliation Act, 1996, Section 49, 47 -- Enforcement of Foreign award - Errors of judgment are not sufficient ground for refusing enforcement of a foreign award...........
Constitution of India, 1950, Article 32, 226 -- Judicial review - It is an evaluation of decision making process and not merits of decision itself - Judicial Review seeks to ensure fairness in treatment and not fairness of conclusion - It ought to be used to correct manifest errors of law or procedure, which might result in significant injustice; or in case of bias or..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Final report - Merely because an I.O has filed a police report before Magistrate, he is not precluded from making further investigation in the case and submit a final report or reports to Magistrate regarding additional evidence gathered by him in further investigation - This power would include..........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Not available to correct mere errors of facts or of law unless errors are manifest and apparent on face of proceedings...........
