Civil Procedure Code, 1908, Section 152 -- Correction of decree - Decree passed in suit for partition and separate possession - Correction sought in the decree is not merely a clerical mistake or an error on the basis of an accidental slip or omission - Certainly it goes to merits of case - More so, very issue which touches upon extent of decree passed has been decided in..........
Criminal Procedure Code, 1973, Section 362 -- Recall of an order - Power u/s 362 Cr.P.C cannot be exercised by High Court for correction on merits, howsoever, patently erroneous earlier order may be - It can only be corrected in process known to law and not u/s 362 Cr.P.C - Purpose of S.362 Cr.P.C is only to correct clerical or arithmetical error - Since High Court sought..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for possession and for recovery of arrears of rent - Amendment sought for typographical error which crept in prayer clause of plaint wherein erroneously possession of only half of suit property stood claimed by plaintiffs, whereas plaintiffs are owners of entire land -..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Criminal Procedure Code, 1973, Section 362 -- Ad-interim maintenance - Correction of judgment - Magistrate granted Rs.10,000 (in total) as ad-interim maintenance to applicants, while recording a finding that applicants not earning any income, sufficient to maintain themselves - Sum assessed by Magistrate (in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 101 kg poppy straw - Search and seizure - Misquoting of place of seizure in requisition submitted by I.O before Magistrate appears to be slip of pen by I.O - Defence cannot take advantage of said clerical error in requisition slip, as I.O not confronted with said document in course of his..........
Criminal Procedure Code, 1973, Section 362 -- Review or alteration of order - Court can alter or review order only to correct clerical or arithmetical error - Order altered on the basis of letter given by police and it was not the case of police that there was a clerical or arithmetical error in the earlier order - Impugned order set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Election Petition - While drafting petition an error occurred in naming one of respondent due to supply of wrong name of Polling officer/Returning officer to petitioner under Right to Information Act - No change/amendment was sought in pleadings or in..........
Representation of the Peoples Act, 1951, Section 125A, 127, 36, 100 -- Election petition - Nature of error - Seeking declaration of election of appellant as MLA as null and void - Ground of improper acceptance of nomination - Appellant making false declaration of his qualification in Form 26 - Contention of appellant that said declaration is clerical error found..........
Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Decree can be corrected only when there is clerical or arithmetical mistake or error arising from any accidental slip or omission on the part of Court - Mistake committed by litigating parties cannot be corrected u/s 152 CPC...........
