Civil Procedure Code, 1908, Section 152 -- Amendment of judgment by Executing Court - Defendant No.2 died during pendency of suit and his L.R's were impleaded - While passing the decree this fact was missed - Plea that rectification in the array of parties could not have been ordered by Executing Court and in fact such a rectification could only have been made by the..........
Civil Procedure Code, 1908, Order 13A -- Summary judgment - Commercial disputes - Infringement of Trade Mark - Plaintiff was exclusive registered proprietor of Trade mark in question for inverter business in Class 9 of Trade Marks Act in view of two registration certificates, when defendant was in exclusive control and management of plaintiff company - Admittedly, till..........
Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........
Civil Procedure Code, 1908, Section 152 -- To invoke powers u/s 152 of the Code, two conditions must be present, viz. (a) There has to be a judgment or decree or an order, as the case may be, and (b) judgment or decree or order, as the case may be, must contain any clerical or arithmetical error for its rectification - Any party to such judgment, decree or order, as the..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case - Issue of rectification of decree sheet - Direction can be issued to trial Court to amend decree and this cannot be a reason to remand the case...........
Civil Procedure Code, 1908, Section 152 -- Judgment/order - Rectification of typographical error or any clerical mistake - Once, judgment/order is pronounced and if any party to the same wants any rectification of any typographical error and any clerical mistake regarding date or number, such a party may apply to the concerned Court for correcting such an error in the..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - O.18.R.17 CPC should not be resorted to facilitate rectification of an error and removal of lacunae in the course of trial...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Rectification of inadvertent mistake of mentioning wrong survey number - Plaintiff in his cross-examination confronted thrice about correct survey number from which cause in the suit had arisen - No inadvertent mistake or clerical mistake reflected from said testimony - Attempt on the part of plaintiff..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forgery - Interpolation of cheque - Scribe i.e payer/complainant made slip of pen in between words of amount written on cheque - He appended his signatures to ratify cutting and validated the cheque - Bank did not dishonor the cheque on ground that rectification/alteration amounts to mutilation - Trial..........
