Specific Relief Act, 1963, Section 26 -- Rectification - Mutual mistake can creep in only when the agreement in written form does not expressly state the meeting of minds of contracting party...........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - Pleading and proof of fraud or a mutual mistake of parties are mandatory requirements for obtaining a relief of rectification of an instrument...........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material pleadings required for seeking..........
Partnership Act, 1932, Section 64 -- Rectification of mistake - Registrar can rectify mistake `suo moto' or on noticing the mistake being brought into his knowledge by any means including through application by any of partner/partners of Firm concerned...........
Partnership Act, 1932, Section 64 -- S.64 of Act relates to rectification of mistake and it nowhere mentions for rectification of apparent mistake...........
Partnership Act, 1932, Section 64 -- Rectification of mistake - Re-entry of a retired partner - Retirement of appellant from the partnership firm was obtained on the basis of a forged document as at the time of executing the retirement deed and form `E', appellant was not present - State Forensic Science Laboratory report shows dissimilarity in the disputed signatures of..........
Specific Relief Act, 1963, Section 26 -- Rectification - Provision is applicable only where it is pleaded and proved that through fraud or mutual mistake of the parties, the real intention of the parties is not expressed in relation to an instrument - Such rectification is permissible only by the parties to the instrument and by none else...........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - Mutual mistake on the part of both the parties - Trial Court ought to have exercised its power under S.26 of the Act to declare accordingly...........
Civil Procedure Code, 1908, Section 153 -- Clerical mistake - Court has power to order rectification of clerical mistake occurred in describing boundaries of property in plaint schedule, even after disposal of suit, for sub serving cause of justice...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 151, 152 -- Inherent powers - Mistakes in judgment - Correction of - Mistake has crept in due to typographical error and Rahman in place of Rahim came to be wrongly recorded - Held, if court dithers to invoke its jurisdiction and exercise its powers for rectification of such minor mistakes, same would not only be..........
