AI Overview...
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Limited Power of Courts to Review or Alter Judgments - Criminal courts generally lack authority to review or modify their judgments beyond correcting clerical or arithmetical errors. Such corrections are permissible under specific statutory provisions, notably Section 152 of the Civil Procedure Code (C.P.C.) and analogous provisions in criminal procedure, but only for clerical mistakes, not substantive errors. Vikram Bakshi VS R. P. Khosla - Supreme Court, Bangaru Reddy VS State Of A. P. - Andhra Pradesh, Sanjay Singh VS Civil Judge J. D Kadipur Sultanpur - Allahabad, Reward Hi-rise Ltd. VS State of Jharkhand - Jharkhand
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Scope of Section 152 C.P.C. and Similar Provisions - The power under Section 152 is narrowly confined to rectifying clerical or accidental errors, including mistakes in recording or typing, which do not alter the substantive rights or judgments. Courts cannot use this power to revisit or modify the core merits of a case. Assistant Commissioner Muzarai Department Podium Block Visweswaraiah Tower dr. Ambedkar Veedi Bengaluru 560 001. Represented By G. V. Sridhar VS C. R. Shamanna S/O Late Ramarao - Karnataka, Sanjay Singh VS Civil Judge J. D Kadipur Sultanpur - Allahabad, Reward Hi-rise Ltd. VS State of Jharkhand - Jharkhand
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Restrictions on Review in Criminal Proceedings - Criminal courts, as per Cr.P.C., are barred from reviewing or recalling their judgments except for clerical or arithmetical mistakes. They cannot alter or review their orders unless explicitly permitted by statute. This ensures finality and prevents abuse of the review process. Vikram Bakshi VS R. P. Khosla - Supreme Court, Wahongbam Gulap Singh VS Moirangthem Ningol Konsam Ongbi Radha Devi - Gauhati, Nisar Ali (Dr. ) VS Mohd. Shafi Dar (Dr. ) - Jammu and Kashmir
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Judicial Precedents and Supreme Court Rulings - The Supreme Court has consistently emphasized that correction of clerical errors is the only permissible review, and courts do not possess inherent power beyond statutory provisions for substantive review or modification of judgments. The Court has also clarified that errors involving merits or substantive issues cannot be corrected under Section 152. Assistant Commissioner Muzarai Department Podium Block Visweswaraiah Tower dr. Ambedkar Veedi Bengaluru 560 001. Represented By G. V. Sridhar VS C. R. Shamanna S/O Late Ramarao - Karnataka, Karuppan Chettiar (Died) VS Special Tahsildar, Adi Dravidar Welfare Dept. - Madras, Sanjay Singh VS Civil Judge J. D Kadipur Sultanpur - Allahabad
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Implication for Legal Practice - Parties seeking to challenge or modify judgments must resort to appeals or review petitions under the relevant procedural laws, rather than relying on courts' inherent or extraneous powers. The process is strictly limited to clerical errors, reinforcing the finality of judgments. G. Venkateswar Rao VS Centre for DNA Finger Printing and Diagnostics (CDFD), Nacharam, Hyderabad - Andhra Pradesh, Bangaru Reddy VS State Of A. P. - Andhra Pradesh, Reward Hi-rise Ltd. VS State of Jharkhand - Jharkhand
Analysis and Conclusion:
Criminal courts and civil courts have a very restricted review power, primarily limited to correcting clerical or arithmetical mistakes. They lack the authority to revisit substantive issues or alter judgments beyond these corrections, as reinforced by statutory provisions and Supreme Court rulings. Any attempt to modify judgments outside these bounds is unwarranted and contrary to established legal principles. Therefore, courts' review powers are confined to clerical corrections, and broader review or modification requires appropriate appellate or review proceedings.
Search Results for "Criminal Courts have no Review Power Beyond Clerical Correction"
2018 0 Supreme(Kar) 1013 • India - Karnataka
R.S.CHAUHAN, H.T.NARENDRA PRASAD
Instead, they should have either filed a review petition, or an appeal against order have cleverly invoked the power under Section ... Firstly, if the order contained a glaring clerical learned Single Judge had inadvertently omitted to quash order respondent Nos. ... , they were unjustified in invoking the power of this court under Section 152 C.P.C. ... Darshan Singh [AIR 2003 SC 4179] the Hon’ble Supreme Court has opined as under: ... The powers under Section 152 are neither to be ....
2004 0 Supreme(AP) 949 • India - Andhra Pradesh
V.ESWARAIAH
petition seeking to issue a writ of mandamus declaring the action of the respondent in not acting on the basis of the acquittal by the Criminal ... error the respondent is bent upon to justify his action by way of filing the review and passing the rejection order for the petitioner ... the petitioner pursuant to the judgment - Non-mentioning of Section 4 of the Act in the operative portion of the judgment is a clerical ... C. and accordingly held that the said correction of the clerical error cannot amo....
2013 0 Supreme(Bom) 2223 • India - Bombay
S.C.DHARMADHIKARI, G.S.PATEL
(a) Where an application claims a clerical/technical mistake in the entry relating to birth/place of birth in the passport and asks for rectification/correction: In all such cases the documents produced earlier as proof of date of birth/place of birth at the time of issue of passport may be ... Since the Passport Authority has power to issue the Passport, it would have also authority to direct correction therein. In the event of rejection of such application, the remedy available to the Respondent would be to approach th....
2020 0 Supreme(All) 1451 • India - Allahabad
RAKESH SRIVASTAVA
an order can be modified only in a review proceeding – Court concerned to dispose of said suit expeditiously – Petitioner thereafter ... Procedure Code, 1908 – Sections 151, 152 –Suit for permanent injunction – Modification of order - Saving of inherent powers of Court ... – Petitioner-applicant for amendment of judgment and order 2018– Held, There is no dearth of cases wherein Apex Court has held that ... Section 152 provides for correction of clerical or arithmetical mistakes in judg....
1957 0 Supreme(AP) 110 • India - Andhra Pradesh
N.KUMARAYYA
review it, except for correcting clerical errors. ... clerical errors. ... The court held that once a judgment is pronounced, the court becomes functus officio and cannot alter or review it, except for correcting ... Procedure Code lays down that when once the court signs its judgment it has no power to alter or review excepting correcting clerical error. A clerical error is an error which can be ....
2025 6 Supreme 691 • India - Supreme Court
B. R. GAVAI, AUGUSTINE GEORGE MASIH
/recall of order passed in a criminal proceeding – Except for clerical and arithmetical error, no court shall alter or review its ... their own judgments except for exceptions which are explicitly provided by statute, like, correction of a clerical or an arithmetical ... /recall of order passed in a criminal proceeding – Criminal courts, as envisaged under Cr.P.C. are barred from altering or review ... be....
2001 0 Supreme(J&K) 44 • India - Jammu and Kashmir
O.P.SHARMA
Issues: The issues involved were whether the court could review its own judgment under Section 369 of Cr.P.C., and whether ... The court held that the judgment of the High Court needed correction under Section 94 of the Constitution. ... Mohammad Shafi approached the court for correction of the record on the ground that the accused being an employee of the University ... Court not to alter judgment save as otherwise provided by this code or by any o....
2021 0 Supreme(Jhk) 610 • India - Jharkhand
SUJIT NARAYAN PRASAD
not incorporate his name in cause title of plaint of Eviction Suit, it is omission on part of Office which will be said to be a clerical ... even after passing of judgment, if it is being asserted that there is a mistake, by way of mistake of calculation; a clerical mistake ... error or accidental slip and as such, petition filed under Section 152 of Code of Civil Procedure is maintainable – Held, nature of correction ... The omission sought to be corrected which goes to the merits of the case is beyond the scope of Sect....
1963 0 Supreme(Gau) 38 • India - Gauhati
T.N.R.TIRUMALPAD
POWER OF COURT - SCOPE OF CORRECTION. ... Finding of the Court: The Court held that the second order passed by the Magistrate was not a clerical error and that ... The petitioner challenged the second order, arguing that it was not a clerical error and that the Magistrate had no power to pass ... A Criminal Court has no power to do this. ... P.C. of criminal judgments or orders....
2017 0 Supreme(Mad) 2689 • India - Madras
T.RAVINDRAN
of clerical or arithmetical mistakes arising out of accidental slip or omission, the power could be invoked - Therefore, it is clear ... Courts, according to him, the Court by invoking the power given should have taken the application preferred by the petitioner ... on file and passed appropriate orders - In the light of the above cited decision of the Apex Court, it is found that only for correction ... In the light of the above cited decision of the Apex #HL_STA....
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