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2024 (11) TMI 1336

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..... law is an interpretation of law which a particular Court may hold. However, merely because a different interpretation can be taken of the provisions of law, rectification application cannot be allowed to be entertained. There has been a gross abuse of the process of the Court in passing the order dated 24.12.2007, and the same therefore, cannot be allowed to be sustained. The same is accordingly s .....

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..... whom the original appeals were decided by the order dated 13.09.2007, and in the garb of entertaining and deciding the rectification application, the concerned Tribunal proceeded to recall its earlier order and re-examine the case and allowed the appeals stating that there had been a mistake of law committed by them. 3. The State, thereafter, moved the rectification application pointing out that t .....

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..... t the subsequent order passed by the Chairman dated 27.10.2008. 5. Rectification, in essence, means as under:- the act of correcting something or making something right. (Cambridge Advanced Learner's Dictionary Thesaurus). 6. It does not even come within the four corners of review and it can only be where there is some factual error mentioned in the order which can be corrected by way of recti .....

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..... the order dated 24.12.2007, though, reaches to the conclusion that the rectification could only be of mistake apparent from the record, proceeds to reject the rectification application of the State on that premise, while the earlier rectification application was allowed where there was no such mistake apparent from the record. The order appears to have been passed with the purpose of supporting t .....

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