AI Overview...
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Judicial Correction of Typographical Mistakes - Courts recognize the authority to correct clerical or typographical errors in decrees and judgments to ensure justice and clarity. Such corrections are generally permissible for mistakes arising from accidental slips or clerical errors, not for substantive changes. Ram Chandra Singh VS Savitri Devi - Supreme Court, Mangra Kujur, S/o. Late Somra Kujur VS Gopi Kujur, S/o. Late Sukra Oraon - Jharkhand, Shri Ram Raksh Pal Singh (dead) through his LRs. VS Sarla Devi - Himachal Pradesh, Gulzara Singh VS Devinder Singh - Punjab and Haryana, Monohar Debnath VS Monoranjan Debnath and Ors. - Gauhati
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Scope and Limitations - Corrections are limited to clerical or arithmetical mistakes; substantive modifications or alterations of the merits are not allowed under inherent powers or specific statutes like Section 152 CPC. Courts have clarified that only minor, unintentional errors can be rectified without affecting the judgment's core. Ram Chandra Singh VS Savitri Devi - Supreme Court, Mangra Kujur, S/o. Late Somra Kujur VS Gopi Kujur, S/o. Late Sukra Oraon - Jharkhand, Shri Ram Raksh Pal Singh (dead) through his LRs. VS Sarla Devi - Himachal Pradesh
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Authority and Jurisdiction - Both High Courts and Trial Courts possess the jurisdiction to correct clerical errors in decrees and judgments. The correction process is aimed at preventing miscarriage of justice and maintaining the integrity of judicial records. The correction should be made promptly, and courts have emphasized that such errors do not require re-judgment of the case's merits. Gulzara Singh VS Devinder Singh - Punjab and Haryana, Vimlesh Jangid W/o Shri Bhagwan Jangid VS State of Rajasthan, through P. P. - Rajasthan, Monohar Debnath VS Monoranjan Debnath and Ors. - Gauhati
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Procedural Aspects - Corrections can be initiated through applications under Sections 151, 152, or 153 CPC, or through inherent powers of the court. The correction process involves a simple application, and courts typically allow minor clerical or typographical errors to be rectified without re-hearing the entire matter. Shri Ram Raksh Pal Singh (dead) through his LRs. VS Sarla Devi - Himachal Pradesh, Vimlesh Jangid W/o Shri Bhagwan Jangid VS State of Rajasthan, through P. P. - Rajasthan, Monohar Debnath VS Monoranjan Debnath and Ors. - Gauhati
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Implications and Best Practices - Courts emphasize that corrections should be made cautiously to avoid altering substantive rights. The correction of typographical errors is a remedial measure to uphold justice and prevent procedural anomalies, but it cannot be used to modify the substantive terms of a judgment or decree. Ram Chandra Singh VS Savitri Devi - Supreme Court, Gulzara Singh VS Devinder Singh - Punjab and Haryana
Analysis and Conclusion:
Courts have consistently upheld the principle that typographical or clerical errors in decrees and judgments can be corrected to facilitate justice and clarity, provided such errors are unintentional and do not affect the substantive rights or merits of the case. The correction process is governed by statutory provisions like Sections 151-153 CPC and inherent judicial powers, ensuring that minor mistakes do not impede the effective administration of justice.
Search Results for "Judicial Correction of Typographical Mistake in Decree"
2004 5 Supreme 705 • India - Supreme Court
S.B.SINHA, N.S.HEGDE
(Para 11) ... In the garb of correction of mistakes arising out of accidental ... slips or typographical error, the judgment cannot be altered or modified by this Court in exercise of its inherent power. ... for clarification and/or modification of judgment-Such an application touching the merits of the matter would not be maintainable-Typographical ... ((1999) 3 SCC 500) this Court has held that the correction#H....
• India - High Court of Gujarat
NIKHIL S. KARIEL, J
correction - The Court confirmed the authority of the Civil Court to rectify such errors post-decree - It was ruled that the operative ... regarding a typographical error in the revenue survey numbers mentioned - The Trial Court erred in rejecting the application for ... is inherent within the judicial process to ensure just outcomes, affirming that minor clerical errors could impede justice if left ... It is directed that....
2014 0 Supreme(Chh) 69 • India - Chhattisgarh
SANJAY K.AGRAWAL
Raipur, rejecting application plaintiff/decree holder stating inter alia that there is typographical/clerical error in judgment ... and does not contemplate of passing effective judicial orders after judgment decree or order settled position of law is that after ... interest provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders or ....
2023 Supreme(Online)(Bom) 617 • India - High Court of Bombay
N.J.JAMADAR, J
errors in a Consent Decree pertaining to a suit for specific performance of agreements - Court clarified that the correction pertains ... Decree due to discrepancies in the parties’ names and property description arising from typographical errors and disagreements over ... (Paras 11-13) ... ... (B) Consent Decree - The decree was executed based on Consent Terms and ... of passing effe....
2001 1 Supreme 154 • India - Supreme Court
S.S.M.QUADRI, S.N.PHUKAN
systematic computer typographical transmission failure". ... A mistake may be unilateral or mutual but it is always unintentional. If it is intentional it ceases to be a mistake. ... Further, correction of such mistakes after one and a half month of opening of the bids will also be violative of Clauses 24.1, 24.3 ... But on appeal the decree was reversed by the circuit court of appeals. ....
2024 0 Supreme(Jhk) 405 • India - Jharkhand
SUJIT NARAYAN PRASAD
The petitioner challenged the order rejecting their petition under Section 152 of the CPC, which sought to correct typographical ... effective judicial order after the judgment in the case.” ... That in the decree which was prepared on 16.11.2018 there was also few typing mistakes. ... An arithmetical mistake is a mistake in calculation, while a clerical mistake is a #H....
2016 0 Supreme(HP) 2540 • India - Himachal Pradesh
DHARAM CHAND CHAUDHARY
CPC - Correction of Judgment and Decree - Sections 151, 152, and 153 - The court allowed correction of a typographical mistake ... The court allowed correction of a typographical mistake but refused to add the omitted portion of land to the decree due to lack ... Final Decision: The court partly allowed the application, allowing the ....
2004 0 Supreme(P&H) 655 • India - Punjab and Haryana
HEMANT GUPTA
sought correction of a typographical error in the decree passed by the trial Court, affirmed by the District Judge and the High ... Ratio Decidendi: The court held that the High Court had the power to correct typographical or clerical mistakes in the decree ... It held that the High Court had the jurisdiction to correct the typographical mistake under....
2019 0 Supreme(Raj) 562 • India - Rajasthan
KANWALJIT SINGH AHLUWALIA
Present petition has been filed under Section 482 Cr.P.C. to assail the order dated 12th February, 2019 passed by the Court of Judicial ... a minor correction to advance interest of justice and to prevent miscarriage of justice – Trial Court was justified in allowing correction ... a minor correction to advance interest of justice and to prevent miscarriage of justice – Trial Court was justified in allowing corre....
2006 0 Supreme(Gau) 173 • India - Gauhati
AFTAB H.SAIKIA
Issues: The main issue was whether the correction of Dag No. in the decree constituted a clerical mistake under section 152 ... Clerical Mistake - Correction of Dag No. - Section 152, CPC - Summary Fact of the Case: The petitioner sought correction ... of Dag No. in a decree under section 152, CPC, claiming it to be a clerical mistake. ... The same w....
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