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could be filed before competent Civil Court for rectification of an instrument when through fraud or a mutual mistake ... which was approached by the Settlor Company for rectification of the instrument of trust, was not having requisite jurisdiction
Supreme Court of India
- Cites 42 - Cited by 7 -
1996 AIR 620
- S Majmudar - Full Document
other defence open to him, ask for rectification of the instrument. (2) If, in any suit in which a contract ... parties, the court may, in its discretion, direct rectification of the instrument so as to express that intention
Central Government Act
- Cites 0 - Cited by 67
codicil to execute a particular settlement. CHAP RECTIFICATION OF INSTRUMENTS CHAPTER III RECTIFICATION OF INSTRUMENTS
Central Government Act
- Cites 0 - Cited by 59
Specific Relief Act, 1963 specifically deals with rectification of instruments. Section 26 provides as to when an instrument ... only says that no relief for rectification of instrument shall be granted unless it is specifically claimed. However, proviso
Supreme Court of India
- Cites 7 - Cited by 19 - T Chatterjee - Full Document
find some mistakes in some of the instruments and returned them for rectification ... cases, returned all the instruments for rectification of defects, to the respondents, they could have lodged the instruments later after
Company Law Board
- Cites 28 - Cited by 11 -
1994 81 CompCas 617 CLB
- Full Document
that when a Court orders rectification of an instrument, the rectification has a retrospective effect and it goes back ... time when the instrument was executed, and after rectification the instrument is to be read as if it had been
Bombay High Court
- Cites 2 - Cited by 5 -
AIR 1951 Bom 28
- Chagla - Full Document
decree holders was to obtain a rectification of the mortgage instrument and of the mortgage-decree and that an amended ... assistance of the Court for the rectification of the written instrument must clearly prove that there was a prior complete
Calcutta High Court
- Cites 19 - Cited by 5 -
66 Ind Cas 345
- A Mookerjee - Full Document
plaintiff that may arise from non-rectification of the instruments is the difficulty of proving that the transactions related ... said that the relief by way of rectification of the instruments as prayed for in the plaint
Calcutta High Court
- Cites 8 - Cited by 2 -
AIR 1943 Cal 460
- Pal - Full Document
defendant to file a suit for the rectification of his instrument when the plaintiff filed his suit ... which the defendant's right to sue for rectification of his instrument was barred by the statute of limitation
Bombay High Court
- Cites 14 - Cited by 1 -
AIR 1954 Bom 463
- Bavdekar - Full Document
have brought a suit for the rectification of the instrument within three years from the date that the plaintiffs discovered ... that a remedy by way of rectification of an instrument by a suit is open to a party, when through
Allahabad High Court
- Cites 4 - Cited by 1 -
AIR 1927 All 355
- I Ahmad - Full Document
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