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 the applications for rectification of the final order disclosed any error apparent on the face of the record so as to warrant correction under the rectification jurisdiction.
Analysis: Rectification is confined to obvious mistakes such as typographical, arithmetical, or calculation errors, and may extend only to a patent omission or disregard of a settled legal principle. A party's dissatisfaction with the reasoning adopted in the earlier order does not amount to an error apparent on the record. Reconsideration of the merits would amount to a rehearing, which is not permissible in the guise of rectification. The alleged grievance that the earlier order had applied the amendment to Section 73 retrospectively was, therefore, only a challenge to the merits of the decision and not a rectifiable mistake.
Conclusion: The rectification applications were not maintainable and were rightly rejected.
Final Conclusion: The Tribunal declined to reopen its earlier decision through rectification and left the demand-related adjudication undisturbed.
Ratio Decidendi: Rectification jurisdiction cannot be used to seek a rehearing on merits or to substitute a different view for the one already taken; only a patent error apparent on the record can be corrected.