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..........
Employee's Compensation Act, 1923, Section 30, Workmen's Compensation Rules, 1924, Rule 32, 41, Civil Procedure Code, 1908, Section 114, Order 47 -- Review - Applicability of CPC - R.41 of the Workmen`s Compensation Rules does not make applicable provision of O.47 r/w S.114 CPC to the proceedings before Employee`s Compensation Commissioner although various other provisions..........
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...........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal against ex parte decree - Delay of 36 days - Defendant mentioned the delay of 17 days in place of 36 days in filing appeal which defendant admitted was a clerical omission - Court is always liberal so as to advance substantial case of justice instead of dismissing case on technical ground -..........
Civil Procedure Code, 1908, Section 152 -- Clerical mistake - S.152 CPC is limited and confined to only correction of mistake or omission mentioned therein - Plea sought to be raised by JD that surplus amount of decree has been ordered to be returned to respondent no.2 alone, which is a clerical mistake, held rejected, as same does not fall within provision of S.152 CPC -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Stage of proceedings is not relevant for correction of clerical/typographical mistakes which can be corrected even after passing of judgment and decree and can even be corrected during pendency of appeal - Amendment allowed...........
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..........
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..........
