AI Overview...
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Section 155 of Maharashtra Land Revenue Code, 1966 - Provides a procedural mechanism for correcting clerical errors in revenue records, including entries in the Record of Rights and registers. Applications for correction are filed under this section, and authorities are authorized to make necessary amendments to ensure record accuracy. Kamlakar Bapurao Kulkarni and others vs Popatrao Vitthalrao Kulkarni and others - Bombay, Western Coalfields Limited through its Area General Manager, Nagpur Area, Kasturba Nagar, Jaripatka, Nagpur VS Tahsildar, Kamptee, Office of Tahsildar, Kamptee, District Nagpur - Bombay
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Application and Procedure - Landowners or interested parties can file applications under Section 155 to seek correction of clerical mistakes. The process involves proper submission and adherence to prescribed procedures, as highlighted in judicial interpretations. Kamlakar Bapurao Kulkarni and others vs Popatrao Vitthalrao Kulkarni and others - Bombay, Western Coalfields Limited through its Area General Manager, Nagpur Area, Kasturba Nagar, Jaripatka, Nagpur VS Tahsildar, Kamptee, Office of Tahsildar, Kamptee, District Nagpur - Bombay
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Legal Authority and Powers - The Maharashtra Land Revenue Code grants revenue authorities, including the Collector and Divisional Commissioner, the power to correct clerical errors in land records. These corrections are essential for maintaining accurate land records and ensuring proper land management. Kamlakar Bapurao Kulkarni and others vs Popatrao Vitthalrao Kulkarni and others - Bombay, GODREJ AND BOYCE MANUFACTURING CO. LTD. vs THE STATE OF MAHARASHTRA AND 6 ORS - Bombay
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Judicial Perspective - Courts have recognized that corrections under Section 155 are limited to clerical or arithmetical errors and do not extend to substantive changes. The scope is confined to rectifying mistakes that do not alter the substantive rights or interests. GONDALALIYA PRABHUDAS PURANDAS VS MANAGER, PARSHUTAM POTTERIES WORKS CO. - Gujarat, Gondalaliya Prabhudas Purandas VS Manager, Parshutam Potteries Works Co. Morbi - Gujarat
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Relation with Other Sections and Acts - Corrections in revenue records under Section 155 are distinct from or related to other legal provisions, such as the Civil Procedure Code (Section 152), and proceedings under the Debt Recovery Tribunal (DRT) or SARFAESI Act, where clerical errors in recovery certificates can also be corrected. These provisions confer similar powers to correct clerical mistakes on tribunals and authorities. B. Rajarajeshwari VS Presiding Officer Debts Recovery Tribunal–II Spencer Towers Chennai - Current Civil Cases, B. Rajarajeshwari VS Presiding Officer Debts Recovery Tribunal–II Spencer Towers Chennai - Dishonour Of Cheque, B. Rajarajeshwari VS Presiding Officer Debts Recovery Tribunal – II - Madras
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Limitations and Judicial Restrictions - Courts have clarified that corrections are only permissible for clerical or typographical errors and not for substantive disputes or alterations in land rights. For example, the Labour Court and Revenue Courts are not empowered to review or alter substantive orders beyond clerical corrections. GONDALALIYA PRABHUDAS PURANDAS VS MANAGER, PARSHUTAM POTTERIES WORKS CO. - Gujarat, K. Ratna Prabha VS State of Telangana rep. by its Special Standing Counsel ACB - Andhra Pradesh
Analysis and Conclusion:
Section 155 of the Maharashtra Land Revenue Code, 1966, provides a clear legal framework for correcting clerical errors in land revenue records. These corrections are limited to clerical, typographical, or arithmetical mistakes and require proper application and procedural adherence. The authorities empowered under the Code, including the Collector and Divisional Commissioner, have the jurisdiction to make such corrections, which are also supported by judicial rulings emphasizing the limited scope of rectification. Similar principles apply in related proceedings under the Civil Procedure Code, SARFAESI Act, and Debt Recovery Tribunal, where clerical errors in certificates or orders can be corrected to ensure record accuracy without affecting substantive rights.
Search Results for "Maharashtra Land Revenue Code Section 155 Clerical Error Correction"
• India - Bombay High Court - Bench at Aurangabad
Ravindra V. Ghuge, S.G. Dige, JJ
Maharashtra Land Revenue Code , 1966, for correction of the above said clerical/errors mistake, in revenue record. ... “In the matter of Direction to the Respondents to Make Corrections of clerical errors in the record of Right and registeres, maintained under Section 155 of the Maharashtra Land Revenue Code , 1966. ... That....
2022 0 Supreme(Bom) 1074 • India - Bombay
MANISH PITALE
The respondent land owners filed applications under Section 155 of the Maharashtra Land Revenue Code, seeking correction of the entry ... Section 155 - Maharashtra Land Revenue Code, 1966 - [Section 155] - The judgment discusses the interpretation of Section 155 of ... the ....
2011 0 Supreme(MP) 733 • India - Madhya Pradesh
R.C.MISHRA, VIMLA JAIN
113 of Land Revenue Code, 1959 -- without following procedure prescribed under section 115 of the Code -- application transferred ... Land Revenue Code, 1959 -- without following procedure prescribed under section 115 of Code -- application transferred to Naib Tahsildar ... Revenue Code, 1959 -- Ss. 31, 113, 115 and 178 -- revenue Courts -- question of protectio....
2007 0 Supreme(Guj) 868 • India - Gujarat
H.K.RATHOD
Revenue Code by the Collector District and recovery certificate was also issued by had approached this court by filing with grievance ... of the recovery certificate – Held, Learned Attorney General to the concession made before High Court appeared for the State of Maharashtra ... employer, by order dated 30.4.2003, granted amount against the employer to be recovered from the employer under the provisions of the Land ... Labour court has no jurisdiction to review order as rule 31 provides only for correction#HL....
• India - Current Civil Cases
S.MANIKUMAR, M.GOVINDARAJ
(A) Civil Procedure Code, 1908—Section 152—Recovery of Debts Due to Banks and Financial Institutions Act, 1993—Sections 26 and 27 ... by DRT—Power of DRT to cancel Debt Recovery Certificate once issued—Tribunal is conferred with powers of Civil Court to correct clerical ... valid or not—Presiding Officer of Debt Recovery Tribunal cannot say that he has no powers to withdraw or cancel, or correct any clerical ... to withdraw a certificate or correct any clerical or arithmetical error. .....
• India - Dishonour Of Cheque
S.MANIKUMAR, M.GOVINDARAJ
Assets and Enforcement of Security Interest Act, 2002—Section 13(4)—Civil Procedure Code, 1908—Section 152—Auction sale of secured ... by DRT—Power of DRT to cancel Debt Recovery Certificate once issued—Tribunal is conferred with powers of Civil Court to correct clerical ... valid or not—Presiding Officer of Debt Recovery Tribunal cannot say that he has no powers to withdraw or cancel, or correct any clerical ... In Section 26(2) of the Act, the word “or” is used twice, “withdraw the certificate or corr....
2017 0 Supreme(AP) 202 • India - Andhra Pradesh
B.SIVA SANKARA RAO
—Order of Special Judge in suo-moto reopening the matter, for not a mere correction of any clerical or arithmetical or typographic ... so far as against A5 & 6 for none of offences made out against them either under Sections 420 & 409 R/W.34 or even under section ... —None of offences made out against them either under Sections 420 & 409 R/W.34 or even under section 13(1)(d) r/w.13(2) of PC Act—Even ... It was subsequently, the learned Special Judge on 28.12.2015 suo-motto reopened the....
2017 0 Supreme(Mad) 124 • India - Madras
S.MANIKUMAR, M.GOVINDARAJ
Civil Procedure Code, 1908 – Section 152 – SARFAESI Act, 2002 – Recovery of Debts Due to Banks and Financial ... Institutions Act, 1993 – Sections 19, 26 and 27 – Debts Recovery Tribunal – Seeking for Direction to Vacate – Petitioner has availed ... In Section 26(2) of the Act, the word "or" is used twice, "withdraw the certificate or correct any clerical or arithmetical mistake". There could be a clerical error, while issuing a recovery certificate. There is a possibility of an arithm....
2023 Supreme(Online)(Bom) 25229 • India - High Court of Bombay
R.D. DHANUKA, M.M. SATHAYE, JJ
Maharashtra Land Revenue Code is the Chief Controlling Authority in matters in his division. Since the Divisional Commissioner is the Custodian and Chief Controlling Authority of Land Revenue in his division, his administrative approval has been mandated in the 2014 Rules. ... On 8th January 1962, a consent decree was passed declaring that some portions of land in Vikhroli vested in the Government under Section 4(c) of the Salsette Estate (#HL_START....
2007 0 Supreme(Guj) 201 • India - Gujarat
H.K.RATHOD
Misuse of Court Process - Labour Court - Industrial Disputes (Gujarat) Rules, 1966 - Section 17a, 33-C-2 of the ID Act, 1947 - ... Labour court has no jurisdiction to review order as rule 31 provides only for correction of mistake, typographical error or clerical error and, therefore, for other contingencies, labour court is not having power to review its own order. ... Revenue Code by the Collector, Surendranagar District and recovery certificate was also issued by t....
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