Supreme Court Allows Application in Civil Appeal — Modification of Previous Judgment. The court permitted the deletion of specific words from a prior judgment to clarify its intent while keeping the rest of the order unchanged.

  • 0
Judgement Image
Font size:
Print

Case Note & Summary

The dispute arose in the context of a civil appeal involving UMC Technologies Private Ltd. and the Food Corporation of India. The appellant sought to modify a previous judgment dated 16.11.2020, specifically requesting the deletion of the phrase “including an employee of the appellant” from the judgment. The application was presented before the Supreme Court, which heard the arguments from both parties. The court found merit in the appellant's request and deemed it appropriate to allow the modification. Consequently, the specific words were deleted from the judgment, while the remainder of the order was upheld. The decision was made by a bench comprising Justice S. Abdul Nazeer and Justice Sanjiv Khanna, and the order was signed on February 2, 2021.

Headnote

A) Civil Procedure - Modification of Judgment - Deletion of Specific Words - Civil Procedure Code, 1908 - The court allowed the application to delete specific words from a previous judgment while maintaining the rest of the order intact. The modification was deemed appropriate to clarify the judgment's intent and scope. Held that the application was allowed as per the appellant's request (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the application for modification of the previous judgment should be allowed.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The application was allowed, and the specific words were deleted from the previous judgment while the rest of the order remained unchanged.

Law Points

  • Modification of judgment
  • Civil procedure
  • Appellate jurisdiction
Subscribe to unlock Law Points Subscribe Now

Case Details

2021 LawText (SC) (02) 214

Miscellaneous Application No. 175/2021 in C.A. No. 3687/2020

2021-02-02

S. Abdul Nazeer, Sanjiv Khanna

Sahil Tagotra, Subhro P. Mukherjee, Mohit Pandey

UMC Technologies Private Ltd.

Food Corporation of India & Anr.

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

Nature of Litigation

Modification of a previous judgment in a civil appeal

Remedy Sought

Appellant sought deletion of specific words from the judgment

Filing Reason

To clarify the intent of the previous judgment

Previous Decisions

Judgment dated 16.11.2020

Issues

Modification of judgment Clarification of judgment intent

Submissions/Arguments

Appellant requested deletion of specific words Respondent's position not detailed

Ratio Decidendi

The court allowed the modification to clarify the judgment's intent, ensuring that the order accurately reflected the parties' positions.

Judgment Excerpts

The words “including an employee of the appellant” stand deleted from the paragraph 4 of the Judgment dated 16.11.2020.

Procedural History

The application was filed in the context of a civil appeal, and the court heard the matter on February 2, 2021.

Acts & Sections

  • Civil Procedure Code, 1908:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Sets Aside Death Sentence in Murder Case Due to Inadequate Reasons. The reasons provided for the death sentence were not 'special reasons' as required under Section 354(3) of the Criminal Procedure Code, 1973.
Related Judgement
High Court Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Territorial Jurisdiction and Interim Relief. Held that DRT Ahmedabad had jurisdiction to entertain the bank's recovery application and that the Appellate Tribunal's refusal to grant ...