Supreme Court Corrects Name in Contempt Petition Order Due to Clerical Error. Court Orders Correction of Name in Judgment to Maintain Judicial Integrity.

  • 8
Judgement Image
Font size:
Print

Case Note & Summary

The case involved a contempt petition where the Supreme Court was asked to address a clerical error in a previous judgment. The parties involved were Patel Rajnikant Dhulabhai and another as petitioners against Patel Chandrakant Dhulabhai and others as respondents. The issue arose when it was brought to the court's attention that the name 'Brijesh R Chauhan' was incorrectly mentioned in the judgment, and the correct name should be 'Brijesh K Chauhan'. The court acknowledged this mistake and ordered that the name be corrected in the judgment. The court's decision emphasized the importance of accuracy in judicial records and the necessity of rectifying such errors to uphold the integrity of the legal process. The court directed that the matter be listed again after four weeks for further proceedings.

Headnote

A) Contempt of Court - Correction of Judgment - Name Correction - Not applicable - The court identified a clerical error in the judgment regarding the name of an individual, which was incorrectly stated. The court ordered that the name be corrected to reflect the accurate name as per the records. Held that such corrections are necessary to maintain the integrity of judicial records (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the name mentioned in the judgment was incorrect and needed correction.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court ordered that the name 'Brijesh R Chauhan' be corrected to 'Brijesh K Chauhan' in the judgment.

Law Points

  • Contempt of Court
  • Correction of Judgment
  • Name Correction
Subscribe to unlock Law Points Subscribe Now

Case Details

2008 LawText (SC) (08) 114

Contempt Petition (Civil) Nos. 12-13 of 2006 in Special Leave Petition (Civil) Nos. 7659-7660 of 2004

2008-08-18

C.K. Thakker, D.K. Jain

Patel Rajnikant Dhulabhai & Anr.

Patel Chandrakant Dhulabhai & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Contempt petition regarding correction of name in judgment

Remedy Sought

Correction of the name mentioned in the judgment

Filing Reason

Incorrect name stated in the judgment

Issues

Correction of name in judgment

Submissions/Arguments

The name 'Brijesh R Chauhan' was incorrect and should be corrected to 'Brijesh K Chauhan'.

Ratio Decidendi

The court emphasized the necessity of maintaining accurate judicial records and the importance of correcting clerical errors.

Judgment Excerpts

The correct name is `Brijesh K Chauhan'. Accordingly, the name, Brijesh R Chauhan be read as `Brijesh K Chauhan'.

Procedural History

The matter was brought before the Supreme Court to correct a clerical error in a previous judgment.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Dismisses Appeal Regarding Jurisdiction in Arbitration Matter — Jurisdiction Upheld Based on Business Presence.
Related Judgement
Supreme Court Supreme Court Allows Partial Appeal in Criminal Case with Sentence Reduction. The court upheld the conviction but reduced the sentence to the period already served based on the circumstances of the case.