SC: Omitted Relief Barred Despite Liberty to File Fresh Suit under Order 23  ||  SC: Custodial Confession Alone Cannot Justify Preventive Detention  ||  SC: Failure to Pay Balance Sale Amount Can Lead to EMD Forfeiture under Auction Terms  ||  Gujarat HC: CIC Cannot Order Suo Motu Disclosure of PM Modi’s Degree under RTI Act  ||  MP HC: FIR Cannot Be Quashed Merely for Not Specifying Accused’s Role  ||  MP HC: Joint Family Status Alone Does Not Establish Existence of Joint Family Funds  ||  MP High Court Directs State Bar Council to Frame Stipend Guidelines for Junior Advocates  ||  Allahabad High Court: Hookah Bars cannot Operate in UP; Clean Air Prevails over Trade  ||  P&H HC: High Court’s Inherent Powers Cannot Be Used to Entertain a Second Revision  ||  Delhi HC: Magistrate Must Examine Complainant, Hear Accused Before Taking Cognisance    

Search Results for Tag : mistake

Judgments

Consent decree cannot be modified/ altered unless the mistake is a patent or obvious mistake(04.02.2022)

Present appeal is against impugned judgment passed by High Court, dismissing the application filed by the Appellant under Sections 152 and 153 read wi.....

Tags : Consent decree, Alteration, Mistake



Non-consideration of the decision of the High Court/Supreme Court constitutes mistake apparent from record and is rectifiable within the meaning of Section 254(2) of the IT Act(17.02.2023)

Present is a Miscellaneous Petition (MP) filed by the Revenue under Section 254(2) of the Income Tax Act, 1961 (IT Act) praying for rectification of t.....

Tags : Mistake, Rectification, Provision



International Cases

A settlement agreement can be set aside if it was fraudulently obtained(24.07.2024)

The Appellant and the Respondent were married, out of community of property, with the inclusion of the accrual system, on 4 November, 2000. Subsequent.....

Tags : Settlement agreement, Clauses, Common mistake



News

Bom HC: Emp. to Ensure That Minor Mistakes Due to Candidate’s Disability Shouldn’t Lead to Job Loss(29.02.2024)

Bombay High Court has held that minor errors stemming from the impairment of disabled candidates should not result in discrimination or unfair treatme.....

Tags : Bombay High Court, Candidate’s Disability, Minor Mistakes, Discrimination



Scope of rectification under Section 254(2) of the IT Act is limited to rectify the mistakes and it is not permissible to review the decision taken by the Tribunal(20.07.2022)

By present Miscellaneous Application, the Assessee is seeking rectification of the mistake alleged to have crept in the order of the Tribunal.

Tags : Mistake, Rectification, Allowability



Madras HC Dismisses Plea of Woman Claiming Mistake on School Records(05.03.2021)

Madras High Court has dismissed the plea of a woman, claiming that she is a Hindu and that she was mistakenly shown as a Christian in her school certi.....

Tags : Madras High Court, Mistake on School Records



MP HC: Punishment of Termination of Employee for Single Clerical Mistake ‘Excessive’(13.01.2025)

MP High Court has observed that for singular negligence in entire service career of the employee the harsh punishment of termination from service is e.....

Tags : MP High Court, Termination of Employee, Clerical Mistake



Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself(21.11.2024)

Kerala High Court has stated that there is no question of estoppel against a party where an error is committed by the court itself and the court is un.....

Tags : Kerala High Court, Estoppel, Mistake



Ker. HC: Unintended Mistake of Magistrate Cannot Attract Prosecution u/s 228 IPC(11.01.2024)

Kerala High Court while observing that inadvertent mistake on part of Magistrate can’t lead to action u/s 228 IPC, has held that judicial officers are.....

Tags : Kerala High Court, Inadvertent Mistake, Prosecution, Judges



ITAT, Bangalore: No Restriction in Challenging Intimation Passed on Ratification of Mistake(16.09.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has held that there is no restriction in challenging intimation passed on ratification of mistake unde.....

Tags : Income Tax Appellate Tribunal, Ratification of Mistake



Cal. HC: Advocate's Mistake Should Not Prejudice Party's Rights(07.02.2023)

Calcutta High Court while observing that mistake on part of advocate representing any party shouldn’t act as prejudice against rights of a party, has .....

Tags : Calcutta High Court, Mistake, Acquittal, Negotiable Instruments



Bom. HC Grants Compensation to Nigerian National Jailed for 2 Year Due to Mistake in Forensic Report(16.08.2022)

Bombay High Court has ordered compensation of Rs. 2 Lakhs and granted bail to the Nigerian national incarcerated in 2020 on the basis of an erroneous .....

Tags : Bombay High Court, Forensic Report, Mistake



High Court "unjustifiably considerate" in setting aside order passed on mistaken concession by junior counsel(13.08.2015)

The Supreme Court differed with the finding of the High Court that a concession by a junior counsel before a Company Court was mistaken. It held that .....

Tags : counsel, mistake, winding up, concession



SC Lays Down Requirements for a Successful Plea of Non Est Factum(21.08.2023)

Supreme Court while laying down requirements for successful plea of ‘Non Est Factum’, observed that such a plea can be taken by an executor/signatory .....

Tags : Supreme Court, Non Est Factum, Deed, Mistake



CESTAT, Delhi: Amount of Service Tax Paid by Mistake to be Treated as Deposit and to be Refunded(31.01.2022)

Central Excise, Customs and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the amount of service tax paid by mistake shall be treated as.....

Tags : Central Excise, Customs and Service Tax Appellate Tribunal, Amount of Service Tax Paid by Mistake



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