Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether an application under Section 152 of the Code of Civil Procedure, 1908 could be used to claim substantive relief under Sections 23(2) and 28 of the Land Acquisition Act, 1894 after the award had attained finality.
Analysis: Section 152 of the Code of Civil Procedure, 1908 is confined to correction of clerical errors or arithmetical mistakes in a judgment or decree. It cannot be invoked to obtain a substantive benefit that was not granted in the decree, nor can it be used as a device to reopen or review an order that has already attained finality. The claim for enhanced statutory benefits under the Land Acquisition Act, 1894 was therefore outside the scope of Section 152.
Conclusion: The application under Section 152 of the Code of Civil Procedure, 1908 was not maintainable, and the challenge to the High Court's view failed.
Final Conclusion: The appeal was rejected because the requested relief could not be pursued through the procedural mechanism invoked.
Ratio Decidendi: Section 152 of the Code of Civil Procedure, 1908 is limited to clerical and arithmetical corrections and cannot be employed to secure substantive relief or to disturb the finality of a decree.