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Thursday, March 14, 2013

Relief of Rectification

Subhadra & Ors. v. Thankam, AIR 2010 SC 3031, this Court while deciding upon whether the  agreement suffers from any ambiguity and whether rectification is needed, held that when the description
of the entire property has been given and in the face of the matters being beyond ambiguity, the question  of rectification in terms of Section 26 of the Act would, thus, not arise. The provisions of Section 26 of the Act would be attracted in limited cases. The provisions of this Section do not have a general  application. These provisions can be attracted in the cases only where the ingredients stated in the Section
are satisfied. The relief of rectification can be claimed where it is through fraud or a mutual mistake of the  parties that real intention of the parties is not expressed in relation to an instrument.
 
(Also see: State of Karnataka & Anr. v. K. K. Mohandas &  etc, AIR 2007 SC 2917)

Wednesday, March 13, 2013

No application lies in disposed of writ petition

Nazma v. Javeda @ Anjum, 2013 (1) SCC 376

Courts have no power of review in criminal matter except carrying out typographical or clerical errors. Practice of entertaining miscellaneous applications after disposal of main petition strongly deprecated.

Sunday, February 24, 2013

Scope of Contempt Jurisdiction

Contempt court is precluded from adjudicating on the merits of a controversy by passing supplemental order.
VM Manohar Prasad v. N Ratnam Raju, (2004) 13 SCC 610

See also: (2004) 7 SCC 261

Wednesday, December 19, 2012

Thursday, December 13, 2012

Unauthorized occupation of ponds and public lands

Complaints against unauthorized occupation over the public ponds or other similar public lands, D.M. should take all required actions.
Judgment/Order
 - PUBLIC INTEREST LITIGATION (PIL) No. 63380 of 2012 Judgment/Order Dated - 6/12/2012 at Allahabad  
Title - Prem Singh Vs. The State Of U.P. And Others 
Coram - Hon'ble Shiva Kirti Singh,Acting Chief Justice and Hon'ble Pradeep Kumar Singh Baghel,J.

If the foundational order is bad, it cannot be corrected subsequently

In State of Orissa & Anr. v. Mamta Mohanty, (2011) 3 SCC 436, this Court has held that any appointment made in contravention of the statutory requirement i.e. eligibility, cannot be  approved and once an appointment is bad at its inception, the same cannot be preserved, or protected, merely because a person has been employed for a long time.