Bare Act Search Results

Code of Civil Procedure, 1908 Part VII

Title: Appeals

State: Central

Year: 1908

.....any High Court] ___________________________ 1. Substituted by Act 104 of 1976, section 34, for certain words (w.e.f. 1-2-1977). 2. Inserted by Act 18 of 1928, section 2 and schedule I. Section 99 - No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder 1[or non-joinder] of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court: 2[Provided that nothing in this section shall apply to non-joinder of a necessary party.] _________________ 1. Inserted by Act 104 of 1976, section 35(i) (w.e.f. 1-2-1977). 2. Inserted by the Act 104 of 1976 section 35(ii) (w.e.f. 01.02.1977). Section 99A - No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected 1 [99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected Without prejudice to the generality of the provisions of.....

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Code of Civil Procedure, 1908 Section 99A

Title: Noorder Under Section 47 to Be Reversed or Modified Unless Decision of Thecase is Prejudicially Affected

State: Central

Year: 1908

1 [99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.] _________________ 1. Inserted by Act 104 of 1976, section 36 (w.e.f. 1-2-1977).

Land Acquisition Act, 1894 Section 13A

Title: Correction of Clerical Errors, Etc

State: Central

Year: 1894

.....arising therein either on his own motion or on the application of any person interested or a local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making a representation in the matter. (2) The Collector shall give immediate notice of any correction made in the award to all the persons interested. (3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered as an arrear of land revenue.] _____________________ 1. Inserted by ibid., section 10 w.e.f. 24-9-1984.

Foreign Exchange Regulation Act, 1973 Section 65

Title: Correction of Clerical Errors, Etc.

State: Central

Year: 1973

Clerical or arithmetical mistakes in any decision or order passed by the Appellate Board or the adjudicating officer under this Act, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Appellate Board or the adjudicating officer or his successor-in-office, as the case may be: Provided that where any correction proposed to be made under this section will have the result of prejudicially affecting any person no such correction shall be made-- (i) after the expiry of a period of two years from the date of such decision or order; and (ii) unless the person affected thereby is given a reasonable opportunity for making a representation in the matter.

Foreign Exchange Regulation Act, 1973 [Repealed] Section 65

Title: Correction of Clerical Errors, Etc.

State: Central

Year: 1973

Clerical or arithmetical mistakes in any decision or order passed by the Appellate Board or the adjudicating officer under this Act, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Appellate Board or the adjudicating officer or his successor-in-office, as the case may be: Provided that where any correction proposed to be made under this section will have the result of prejudicially affecting any person no such correction shall be made-- (i) after the expiry of a period of two years from the date of such decision or order; and (ii) unless the person affected thereby is given a reasonable opportunity for making a representation in the matter.

Code of Criminal Procedure, 1973 Section 215

Title: Effect of Errors

State: Central

Year: 1973

.....he became possessed thereof that such coin was counterfeit," the word " fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the-charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh, and the dale of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which.....

Code of Criminal Procedure, 1973 Section 465

Title: Finding or Sentence when Reversible by Reason of Error, Omission or Irregularity

State: Central

Year: 1973

(1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Patents Act, 1970 (39 of 1970) Section 78

Title: Power of Controller to Correct Clerical Errors, Etc.

State: Central

Year: 1970

.....59 as regards amendment of applications for patents or complete specifications1[or other documents related thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register. (2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. (3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction. (4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such.....

Foreign Marriage Act, 1969 Section 26

Title: Correction of Errors

State: Central

Year: 1969

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons, married or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.