Wednesday, 12 October 2016

Law in correction in judgment and decree

Law in correction in judgment and decree (Mujjan Ali Panhwar )

Ss.114, 152 & O. XX, R.3---Judgment, alteration of--- Competence of Court---Principle---Courts can alter or add in pronounced judgment while exercising jurisdiction under S. 152, C.P.C. or on review---Competence of Court to alter or add in already pronounced judgment is protected by law itself.

2016 YLR 1847 KARACHI-HIGH-COURT-SINDH

Side Appellant : MUHAMMAD ARIF

Side Opponent : Mst. MUMTAZ HAROON
S. 152---Amendment of judgments, decrees and orders---Scope--- Section 152, C.P.C. dealt with correction of clerical and typographical mistakes occurring inadvertently in the judgment and decree or order apparent on the face of the record and without such exception no judgment and decree or order of a court could be reviewed, revisited, altered or modified.
2016 CLCN 57 PESHAWAR-HIGH-COURT

Side Appellant : Haji GHULAM HABIB

Side Opponent : TARIQ SIDDIQUE
S. 152---Clerical error, correction of---Court had power to correct clerical error.
2016 MLD 358 KARACHI-HIGH-COURT-SINDH

Side Appellant : MUHAMMAD YASEEN

Side Opponent : NIZAMUDDIN
Ss. 151 & 152---Inherent jurisdiction of court---Correction of consent order---Permissibility--- Consent order is always open to correction if any error or omission is proved to have occurred to the satisfaction of the court.

2016 CLD 217 KARACHI-HIGH-COURT-SINDH

Side Appellant : BROADTEX (PVT.) LTD

Side Opponent : NIB BANK LTD.
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