Clerical Error - Law Dictionary Search Results
Home Dictionary Name: clerical errorClerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
Clerical or arithmetical error
Clerical or arithmetical error, A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which the the court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing, Sooraj Devi v. Pyare Lal, (1981) 2 SCR 485: (1981) 1 SCC 500: AIR 1981 SC 736 (738). [Criminal Procedure Code (2 of 1974) s. 362]...
Bona fide clerical mistake
Bona fide clerical mistake, bona fide clerical error would normally be one where an officer has indicated a particular date of birth in his application form or any other document at the time of his employment but, by mistake or oversight a different date has been recorded, Union of India v. C. Rama Swamy, AIR 1997 SC 2055 (2061): (1997) 4 SCC 647. [All India Services(Death-Cum-Retirement Benefits) Rules (1958), R. 16A]...
Vitium clerici nocere non debet
Vitium clerici nocere non debet. Jenk. Cent. 23.-(A clerical error ought not to hurt.) See CLERICAL ERROR....
misprision
misprision [Anglo-French, error, wrongdoing, from Old French, from mesprendre to make a mistake, from mes- wrongly + prendre to take, from Latin prehendere to seize] 1 : neglectful or wrongful performance of an official duty 2 : a clerical error in a legal proceeding that can be corrected in a summary proceeding 3 : the concealment of a treason or felony and failure to report it to the prosecuting authorities by a person who has not committed it [ of felony] [ of treason] ...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Duo de Concilio
Duo de Concilio, probably a clerical error or in a contracted form of 'domini de Concilio.' The lords of the council....
Grammatica falsa non vitiat chartam
Grammatica falsa non vitiat chartam. 9 Rep. 48.-(False grammar does not vitiate a deed.) See CLERICAL ERROR....
Maa grammatica non vitiat chartam
Maa grammatica non vitiat chartam. 6 Co. 39.-(Bad grammar does not vitiate a deed.) See CLERICAL ERROR....
Slip Order
Slip Order. The term commonly applied to Ord. XXVIII., r. 11, under which clerical errors arising from any accidental slip or omission may be corrected by the court....
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