The Kerala High Court in Chandran Vs. Amruthavally viewed that there is
no reason to restrict the scope of Section 152 of the Code of CPC to ‘
accidental slip or omission’ of the Court and its ministerial staff
alone. In cases where it is clear that the case is one of “ accidental
slip or omission”, it is the duty of the court to correct the decree in
tune with the actual intend of the Court and the parties.
Special Leave Petition (Crl.) No. 8907 of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that respondents-financer had forcibly taken away the vehicle financed by them and illegally deprived the petitioner from its lawful possession and thus, committed a crime. The complaint filed by the petitioner had been entertained by the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case No. 608 of 2009, even directing the interim custody of the vehicle (Maruti Zen) be given to the petitioner vide order dated 17.3.2009. The respondent on approaching the Guwahati High Court against this order, the hon'ble court squashed the criminal proceedings pending before the learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
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