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..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
Civil Procedure Code, 1908, Section 151, 152 -- Rectification of error - After pronouncement of judgment Court becomes functus officio - There is no regulatory provision under Civil Procedure Code to enable the Lower Appellate Court to accept any such application for rectification of error...........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - Sale of joint property by suppressing certain facts - Nothing on record to show that complainant was dishonestly induced to deliver the property in question by making false or misleading representation - No..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Typographical errors - Amendment sought due to inadvertence, in place of word `gher' word `khor' was typed in the plaint at certain places - Amendment is simply a rectification of certain typographical errors which are noticed at the fag end of case - Proposed amendment is not going to change the nature..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought to implead defendant No.2 as party to suit and rectification of the date of agreement - Held, by allowing amendment of plaint, trial court has not allowed rectification of impugned agreement - On the contrary, trial court has permitted plaintiff to seek relief of rectification of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction proceedings - Defects in pleadings - Rectification of - Held, if there is any defect in pleadings of landlord with regard to ground of eviction, same is not fatal to petition and same can be rectified immediately on raising such an objection - In present case, petitioner/tenant raised an..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of Lambardar - Objection as to availability of candidate - Failure of Collector to consider - Rectification thereof by Commissioner - Validity - Commissioner after holding that respondent No.6 would not be available in village rectified error by setting aside order..........
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...........
Civil Procedure Code, 1908, Order 7, Rule 11, Succession Act, 1925, Section 216, 273 -- Grant of letters of administration - Defective suit - Rectification - Letters of Administration granted to "S" as constituted attorney of "A" - "A" was the named executor in last will and testament of deceased - Eviction suit filed by "A' held defective as filed by wrong person - Held,..........
