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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 134
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 16 - Cited by 3 - 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 17 - Cited by 13 - Full Document
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 5 - Cited by 26 - Full Document
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 52 - 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 9 - Cited by 13 - Full Document
hereinafter referred to as ‘Act’) provides for rectification of instruments, where through fraud or a mutual mistake of the parties ... 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 19 - Cited by 9 - 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 56 - Cited by 7 - 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 27 - Cited by 5 - 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 12 - Cited by 3 - Full Document
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