2010 SCC 388 (This is the Corrected Spelling of the Text) - The case discusses the importance of accurate documentation and corrections in legal agreements, emphasizing that corrected or amended documents, such as sale deeds, must be properly verified and supported by relevant correspondence. The decision highlights that corrections made by hand or through amendments require scrutiny to establish authenticity. PARTH PARENTERAL PVT LTD VS RFCL LIMITED - Gujarat, NAGENDRA REDDY vs M G SHANTHKUMAR - Karnataka
Agreement Corrections and Sale Deeds - Several sources (e.g., Bowman, Wander Ltd v. Antox India P. Ltd., and others) underline that corrections to agreements, especially sale deeds, are often initiated by the parties involved and are subject to judicial scrutiny to prevent fraud or misrepresentation. Courts consider whether such corrections are genuine and whether the parties consented to them, especially in property transactions. PARTH PARENTERAL PVT LTD VS RFCL LIMITED - Gujarat, Nagendra Reddy, Son Of Nanjunda Reddy VS M. G. Shanthkumar Since Deceased By Lrs - Karnataka, NAGENDRA REDDY vs M G SHANTHKUMAR - Karnataka
Judicial Review and Error Correction - The scope of judicial review clarifies that courts cannot reappreciate factual findings but can correct errors of law apparent on the record via writs like certiorari. This ensures that legal errors, especially those impacting procedural fairness or correctness of orders, are rectified without disturbing factual determinations. H. M. Kalsi VS Vadodara Municipal Corporation - Gujarat
Sale Deeds and Property Transactions - Courts have observed that parties often correct draft sale deeds before execution, and such corrections, if supported by proper documentation and agreement, are valid. The process involves ensuring that the corrections are genuine and not fraudulent, with courts scrutinizing the entire transaction to uphold justice. NAGENDRA REDDY vs M G SHANTHKUMAR - Karnataka
Intellectual Property and Software Copying - Under the Copyright Act, 1957, copying of computer programs is restricted, and any correction or update of software copies must adhere to licensing and maintenance agreements. The exhaustion doctrine applies to corrected and updated copies, emphasizing that unauthorized copying or sale remains prohibited. ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED VS COMMISSIONER OF INCOME TAX - Supreme Court
Legal Principles on Construction and Natural Justice - Physical acts like construction or demolition are considered final and cannot be undone through subsequent amendments, reflecting their permanent legal consequences. Additionally, natural justice mandates that reasons for judicial or quasi-judicial orders be explicitly stated to ensure transparency and fairness. RAJEEV SURI VS DELHI DEVELOPMENT AUTHORITY - Supreme Court
Limitation and Suit Proceedings - Certain suits, such as those related to places of worship, are barred by limitation, but courts may still grant relief based on equitable considerations or specific legislative provisions, as seen in cases involving the Places of Worship (Special Provisions) Act, 1991. Proper reading and correction of legal texts are essential for accurate adjudication. M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - Supreme Court
Taxation and Duty Imposition - The distinction between different tax provisions (e.g., Section 3(7) of the CTA and Section 5 of the GST Acts) is crucial. Courts have clarified that some provisions serve as collection mechanisms rather than independent taxing powers, and errors in understanding these can be corrected to prevent misapplication of tax laws. INTERGLOBE AVIATION LTD Vs PRINCIPAL COMMISSIONER OF CUSTOMS ACC (IMPORT) NEW CUSTOM HOUSE NEW DELHI & ORS. - Delhi
Analysis and Conclusion:
The overarching theme across these sources emphasizes the importance of accuracy, proper documentation, and judicial oversight in legal transactions, especially property dealings, agreements, and intellectual property rights. Corrections made to drafts or documents are valid only when supported by proper evidence and consent. Courts play a vital role in rectifying legal errors—particularly legal, not factual errors—while ensuring transparency and fairness through principles like natural justice. Proper understanding of statutory provisions, especially in taxation, is essential to uphold lawful and equitable outcomes.
Bowman, (1957) RPC 388, Wander Ltd vs. Ant ox India P. Ltd, (1996) 5 SCC 714. ... In fact, the appellants have not only filed the photocopy of this agreement which is corrected by hand but has also filed copies of the relevant correspondence in this regard between RFCL Ltd and PPPL. ... SCC 545] [supra]. ... On the very aspect, another decision relied is 1995 (5) SCC 545, Gujarat Bottling Co. Ltd vs. ... Sushil Mehta has denied his signature on the corrected....
It is contended that, on going through the draft sale deed, it was the plaintiff who got it corrected and the defendant No.1 had agreed to purchase the schedule properties with a fair price and stamp papers were brought to execute the sale deed. ... Chandregowda , (2012) 5 SCC 265 at paragraphs 25, 26 and 27 has held as under: “25. ... State of Maharashtra and others , (2013) 4 SCC 465 4) State of A.P. and others v. Pioneer Builders A.P. , (2006) 12 SCC 119 5) Raghwendra Sharan Sing....
(Paras 5.1-5.10) ... ... (C) Judicial Review - Scope of interference - Court reiterated that it cannot reappreciate ... Again if a finding of fact is based on no evidence, that would be regarded as an error of law which can be corrected by a writ of certiorari. ... An error of law which is apparent on the face of the record can be corrected by a writ, but not an error of fact, however grave it may appear to be. ... One of the salutary requirements of natural justice is spelling out reasons for the ord....
It is contended that, on going through the draft sale deed, it was the plaintiff who got it corrected and the defendant No.1 had agreed to purchase the schedule properties with a fair price and stamp papers were brought to execute the sale deed. ... On scrupulous reading of the entire text of the order sheet, it shows that the Trial Court as per the directions issued by this Court in the judgment dated 06.10.2010 in MFA No. 9969/2008 ( 4 5. Vidhyadhar v. Manikrao and others5 1 AIR 1961 SC 1316 2 (1975) 2 SCC#....
copy of a computer programme, making it clear that section would only apply to making of copies of computer programme and then selling ... It does not matter if the software is the subject of a maintenance agreement: the exhaustion applies to the copy as corrected and updated pursuant to the agreement. ... No. 501/13/1980-FTD-I], dated 20-5-2010.] [“India-Finland DTAA”]. ... Moller Maersk AS, (2017) 5 SCC 651. 21. ... CIT, (2010) 10 SCC 29 [“GE Techn....
(2013) 10 SCC 618; (2010) 6 SCC 230 – Relied upon ... ... 388; (2009) 8 SCC 106 – Relied upon ... ... 388 – Relied upon ... (d) Constitution ... course, it would not be open to be corrected by the exercise of the writ jurisdiction of this Court.” ... course, it would not be open to be corrected by the exercise of the writ jurisdiction of this Court.” ... Amjad Ali and Ors., (1999) 5 SCC 672. ... ... Relyin....
Various home buyers booked their apartments during period 2010-2014. ... done by Amrapali Group – Since RERA contemplates timely completion of projects once registration has been granted under Section 5 ... not been invested in projects – Home buyers money has been diverted fraudulently – Fraud cannot be perpetuated against them by selling ... With respect to non-genuine purchases from suppliers, though a sum of Rs.554 crores was given to the income-tax authorities, on appeal the error had been corrected by the income-ta....
Physical construction or demolition once done, cannot be undone or corrected for future by repeal, amendment or modification as in case of most policies or even enactments. They have far more permanent consequences. ... One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking-out. The “inscrutable face of a sphinx” is ordinarily incongruous with a judicial or quasi-judicial performance.” 92. ... Om Prakash Sharma, (2013) 5 SCC 182 (para 29), Akhil ....
Akhara) and Suit 4 (filed by Sunni Central Waqf Board) were barred by limitation, High Court proceeded to grant relief in Suit 5 ... plaintiff (next friend) has been held to be entitled to represent first plaintiff – On one hand a decree must ensue in Suit 5, ... (Para 77) (C) Places of Worship (Special Provisions) Act 1991 – Sections 3, 5, 6 and 8 – Legislative intent ... The readings have been also checked, corrected and supplemented with the help of my colleague, Mr. S.A.Rahim, Epigraphical Assistant,-Editor.” ... I h....
Tariff Act, 1975 - Section 3(7); Central Goods and Services Tax Act, 2017; Integrated Goods and Services Tax Act, 2017 - Section 5( ... , and the CGST and IGST Acts, focusing on whether duty under Section 3(7) of the CTA is independent of the impost under Section 5 ... 3(7) of the CTA is not an independent charging provision but a collection mechanism for the integrated tax levied under Section 5( ... All the learned Senior Counsel are right in their submission that if such an erroneous impression is not corrected and if....
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