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..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 26(3) -- Recovery certificate - Correction/amendment - Clerical mistake - In the instant case, DRT in its findings on question of interest mentioned that interest is leviable @ 10% p.a. from date of filing original application till date of realisation but DRT failed to record period of levy of..........
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...........
Civil Procedure Code, 1908, Section 152 -- Scope - S.152 of CPC can be invoked for limited purpose of correcting clerical errors or arithmetical mistakes in judgment - It does not contemplate passing of effective judicial orders after pronouncement of judgment, decree or order...........
Criminal Procedure Code, 1973, Section 482, 362 -- Review of order - Permissibility - Under S.362 Cr.P.C. criminal Court is not legally competent to alter its final judgment announced or final order announced except to correct clerical or arithmetical error...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 22, 43 -- Allotment of land - Jurisdiction - Final order passed by Consolidation Officer was without opportunity or notice of hearing to appellant - Conclusion should not have been drawn without examining whether this entry was duly published inviting any objections or in alternative..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Merely because there was a clerical mistake as regards year of sanction order, it cannot be concluded that there was no, application of mind in granting sanction, particularly when sanction order shows that all factual aspects have recorded...........
Civil Procedure Code, 1908, Section 152 -- Correction in compromise decree - If clerical or arithmetical mistakes in the judgments, decrees or orders or errors arising therein from the accidental slip or omission has been committed by Court, then Court may correct the same on its own motion or on the application of any of the parties - It does not comprehend the correction..........
Civil Procedure Code, 1908, Section 151, 152 -- Clerical mistake - Correction as to clerical mistake in reference petition as well as in the award of Land acquisition proceedings - Can be rectified by way of invoking powers u/ss 151, 152 CPC - Application allowed...........
