High Court Modifies Order Date in Miscellaneous Appeal — Ensures Accurate Judicial Record. Court determined the necessity of modifying the order date for clarity in documentation.

High Court: Patna High Court
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Case Note & Summary

The case involved a miscellaneous appeal filed by B.S.R.T. Corporation and others against Gopal Prasad Verma. The primary issue was the modification of the order date from 28th July 2015 to 29th July 2015. The court, presided by Justice Shivaji Pandey, reviewed the matter and determined that the order should indeed be treated as having been passed on the latter date. This modification was made to ensure that the court records accurately reflected the date of the order, thereby maintaining clarity and consistency in the judicial process. The court's decision emphasized the importance of precise documentation in legal proceedings.

Headnote

A) Civil Procedure - Modification of Order Date - Court's Authority to Modify - Not applicable - The court modified the order date to reflect the actual date of passing the order, ensuring clarity in the record. Held that the modification was necessary for accurate documentation (Paras Not mentioned).

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Issue of Consideration

Whether the order dated 28th July 2015 should be treated as passed on 29th July 2015.

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Final Decision

The court modified the order date from 28th July 2015 to 29th July 2015 to ensure accurate documentation.

Law Points

  • Modification of order date
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Case Details

Miscellaneous Appeal No.385 of 1993

2015-07-31

Shivaji Pandey

Radha Madhav, A.N. Pandey, Harswardhan Sahay

B.S.R.T. Corporation & Ors

Gopal Prasad Verma

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Nature of Litigation

Miscellaneous appeal regarding modification of an order date.

Remedy Sought

Modification of the order date.

Filing Reason

To correct the date of the order for accurate record-keeping.

Issues

Modification of order date

Submissions/Arguments

The appellant sought to modify the order date for clarity.

Ratio Decidendi

The court has the authority to modify order dates to maintain accurate judicial records.

Judgment Excerpts

The order dated 28th July 2015 is modified to the extent that it be treated to have been passed on 29th July 2015.

Procedural History

The appeal was filed, and the court reviewed the order dated 28th July 2015.

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