Supreme Court Allows Correction of Typographical Errors in Judgment Through Miscellaneous Application. Court Exercised Inherent Power to Rectify Clerical Mistakes in Monetary Amounts and Counsel Appearances in Previous Judgment Dated 24 September 2021.

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Case Note & Summary

The Supreme Court of India heard a miscellaneous application filed by M/s Magadh Sugar and Energy Ltd seeking correction of typographical errors in a judgment dated 24 September 2021. The application specifically requested correction of monetary amounts mentioned in paragraphs 8 and 10 of the judgment, where Rs 56 crores was to be corrected to Rs 5.6 crores and Rs 67 crores to Rs 67 lakhs respectively. Additionally, the application sought correction of counsel appearances in paragraph 15, where Mr S K Bagaria and Mr Saket Singh's designations needed correction to reflect their proper titles as learned Senior Counsel and learned Counsel respectively. The court considered the application and found merit in the corrections sought. The court exercised its inherent power to rectify clerical mistakes in judgments and allowed the corrections as requested. The miscellaneous application was accordingly disposed of with the corrections being officially made to the judgment record. The court did not engage in substantive legal analysis beyond acknowledging the need for correction of typographical errors, treating the matter as a procedural rectification rather than a substantive legal dispute.

Headnote

A) Civil Procedure - Correction of Typographical Errors - Court's Inherent Power - Not mentioned - Miscellaneous application filed for correction of typographical errors in judgment dated 24 September 2021 - Court allowed correction of amounts from Rs 56 crores to Rs 5.6 crores and Rs 67 crores to Rs 67 lakhs in paragraphs 8 and 10, and correction of counsel appearances in paragraph 15 - Held that the application should be allowed and disposed of accordingly (Paras 1-4).

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Issue of Consideration

Whether the typographical errors in the judgment dated 24 September 2021 should be corrected

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Final Decision

The Miscellaneous Application is disposed of with corrections: amounts in paragraph 8 corrected from Rs 56 crores to Rs 5.6 crores and Rs 67 crores to Rs 67 lakhs respectively; amount in paragraph 10 corrected from Rs 67 crores to Rs 67 lakhs; appearances in paragraph 15 corrected to read Mr S K Bagaria, learned Senior Counsel and Mr Saket Singh, learned Counsel respectively

Law Points

  • Correction of typographical errors in judgments
  • Court's inherent power to rectify clerical mistakes
  • Procedural correction of amounts and appearances in judgment
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Case Details

2021 LawText (SC) (10) 75

Miscellaneous Application No 1608 of 2021 in Civil Appeal No 5728 of 2021

2021-10-20

Dr Dhananjaya Y Chandrachud, B V Nagarathna

Mr. Praveen Kumar AOR, Ms. Sunaina Kumar, Adv., Mr. Saket Singh, Adv., Mrs. Niranjana Singh, AOR

M/s Magadh Sugar and Energy Ltd

The State of Bihar & Ors

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Nature of Litigation

Miscellaneous application for correction of typographical errors in judgment

Remedy Sought

Appellant sought correction of typographical errors in judgment dated 24 September 2021

Filing Reason

To correct typographical errors in amounts and counsel appearances in the judgment

Previous Decisions

Judgment dated 24 September 2021 contained typographical errors

Issues

Whether the typographical errors in the judgment dated 24 September 2021 should be corrected

Ratio Decidendi

Court has inherent power to correct typographical errors in judgments to ensure accuracy of record

Judgment Excerpts

The Miscellaneous Application has been filed for correction of a typographical error in the judgment dated 24 September 2021. The amount of Rs 56 crores and Rs 67 crores mentioned in paragraph 8 of the judgment shall be corrected to read as Rs 5.6 crores and Rs 67 lakhs respectively and the amount of Rs 67 crores in paragraph 10 of the judgment shall be corrected to read as Rs 67 lakhs. In paragraph 15 of the judgment, the appearances of Mr S K Bagaria and Mr Saket Singh shall be corrected to read as Mr S K Bagaria, learned Senior Counsel and Mr Saket Singh, learned Counsel, respectively. The Miscellaneous Application is accordingly disposed of.

Procedural History

Miscellaneous Application No 1608 of 2021 filed in Civil Appeal No 5728 of 2021 for correction of typographical errors in judgment dated 24 September 2021, heard on 20 October 2021 and disposed of with corrections

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