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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 41 - Cited by 7 -
1996 AIR 620
- M S.B. - 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 84
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 22 - T Chatterjee - Full Document
hereinafter referred to as ‘Act’) provides for rectification of instruments, where through fraud or a mutual mistake ... parties is not expressed in relation to an instrument. Such rectification is permissible only by the parties to the instrument
Supreme Court of India
- Cites 21 - Cited by 1 - Full Document
other defence open to him, ask for rectification of the instrument. (2) If, in any suit in which a contract ... equitable relief, if necessary, in the form of rectification of instrument, but the party is bound to prove the mutual
Calcutta High Court
- Cites 10 - Cited by 0 -
(2003) 1 CALLT 301 HC
- D Seth - 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 41 - Cited by 0 -
1994 81 CompCas 617 CLB
- Full Document
returned were again lodged for transfer after rectification, unfortunately all the instruments which had not been cancelled were not returned ... entitled to the relief of rectification of share register on the ground that the instrument was not duly signed should
Madras High Court
- Cites 21 - Cited by 0 -
1994 81 CompCas 669 Mad
- Swamidurai - Full Document
held that in order to obtain rectification of an instrument under Section 31 it must be proved that ... held that the principles underlying the rectification of instruments are governed by Section 26 of the Specific Relief Act. Generally
Madras High Court
- Cites 10 - Cited by 0 - M Jaichandren - Full Document
time when the instrument was executed. After rectification the instrument has to be read as if it has been originally ... Specific Relief Act. Section 31 provides for rectification of an instrument on grounds of fraud or mutual mistake. An indenture
Allahabad High Court
- Cites 11 - Cited by 0 -
(1975) 4 CTR All 66
- S Chandra - Full Document
other defender open to him, ask for rectification of the instrument. (2) If, in any suit in which a contract ... under duress or coercion. 19. The proper forum for rectification instrument is a civil court exercising ordinary civil jurisdiction. Section
Appellate Tribunal For Electricity
- Cites 7 - Cited by 0 - Full Document
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