#Functus Officio

The Karnataka HC held that a Lok Adalat cannot issue a hybrid award without an actual settlement and that the trial court may recall its withdrawal permission under Section 151 CPC if settlement fails, dismissing writ petitions challenging re-opening of suits. This clarifies Lok Adalat’s limits and lets parties re-open suits when settlement does not materialize.

The Bombay High Court has ruled that once a deemed conveyance certificate is issued under MOFA, the Competent Authority becomes functus officio and cannot later alter property allocations-such as proportionate shares in recreational space-through a corrigendum. This clarifies that clerical corrections under MOFA cannot resolve substantive disputes over land division, protecting societies and developers from post-conveyance administrative overreach.

Bombay High Court directs rectification of typographical errors in Land Acquisition Notification and Award under Article 226, despite authorities being functus officio.

The Bombay High Court has ruled that once a statutory land acquisition award fixes compensation at zero for trees, no further relief can be granted on grounds of compassion or hardship, even for senior citizens or women. The only recourse lies in invoking Section 64 of the LARR Act 2013 to challenge the award’s quantum - not through writ petitions seeking equitable relief. This reinforces the finality of statutory compensation determinations and curbs judicial overreach into administrative valuation.

Bombay HC rules that altering property area from 566.94 sq. mtrs to 828.24 sq. mtrs via corrigendum constitutes a substantive review, not a clerical correction, violating the functus officio doctrine under Section 11 of the Maharashtra Ownership Flats Act. The ruling bars authorities from indirectly reviewing their own orders without due process, impacting property rights and obligations of housing societies.

The Bombay High Court has ruled that once a recovery certificate is issued, the authority becomes functus officio and cannot later insert interest without a fresh adjudication, even if the interest was mathematically calculable. This reinforces that clerical corrections cannot substantively alter liability, protecting borrowers from unilateral administrative expansion of debt beyond the original order.

The Delhi High Court held that once a magistrate accepts an untrace or cancellation report under BNSS Section 193, the judicial function concludes, leaving the court without authority to summon police officials or direct departmental action. This ruling reinforces the finality of judicial proceedings post-report acceptance, limiting judicial oversight of police investigations after closure.

The Tribunal holds that once a resolution plan is approved under IBC, statutory dues not included are extinguished, and tax appeals must cease unless expressly permitted.

Bombay High Court holds that once an award is passed under Section 3-G(1) of the National Highways Act, 1956, the Competent Authority loses jurisdiction to issue modified awards, even to correct errors.