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..........
Pension Regulations of the Army Rules, 1973, Rule 173, Constitution of India, Article 226 -- Pension - Decision of disability when taken by expert medical boards constituted in Army for purpose of evaluation of invalidating disablement entitling person to disability pension is not to be reviewed judicially on writ side of High Court without decision being on face of it..........
Correction -- In name of father in DMC declined on ground that there is variation in different school documents and that representation for correction is not initiated within 1 year of declaration of result - However, as per evidence on record, name of father of petitioner is Harmesh Lal as it is not only mentioned in her birth certificate and aadhar card but also in..........
Stamp Act, 1899, Section 47A -- Stamp duty - Penalty - No finding was given by Collector that any deliberate attempt was made by petitioner for evading stamp duty - Every error is not punishable unless it is deliberate - Penalty imposed liable to be set aside, as intention to evade stamp duty was not proved...........
Registration of Births and Deaths Act, 1969, Section 15 -- Correction of entry in register of birth and deaths - Registrar has power to correct any error or entry without any alteration of original entry by making a suitable entry in the margin and also sign the marginal entry - Said power can be exercised by Registrar, if it is proved to the satisfaction of Registrar that..........
Indian Penal Code, 1860, Section 302, 148, 149, 201 -- Double murder - Appeal against conviction - Supreme Court being last Court of appeal, does not re-visit and re-appreciate the entire oral evidence de novo in its jurisdiction u/art.136 of Constitution, unless there are strong and prima facie reasons to point out that there is apparent legal and jurisdictional error..........
Civil Procedure Code, 1908, Order 47 -- Review - On a point not urged earlier - Not an error apparent on face of record - After judgment is passed Court becomes functus officio, and on the basis of new arguments a judgment cannot be set aside in review...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Term `error or mistake apparent on face of record' signifies error which is evident per se from records of case and does not require any detailed examination, scrutiny and illustration either of facts or legal position...........
Workmen, Section 30 -- Appeal - Order awarding compensation - Commissioner's finding on the nature of injury and percentage of disability on the basis of certificate of disability issued by a qualified medical practitioner, is purely a question of fact - Percentage of permanent disability assessed by qualified medical practitioner is not disputed - Under the scheme of Act,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 136 kgs ganja - Samples were taken out independently counting 12 in numbers - However, I.O had not affixed the serial no. over the same - I.O had not even mentioned the fact as to how much quantity has been taken out for that purpose - There is inconsistency in evidence of PW over the..........
