Topic

clerical error correction

3 articlesLatest July 2026
Section 47 CPC | Executing Court's Inherent Power to Correct Clerical Errors in Decrees Without Fresh Suit : Allahabad HC
Case Law Analysis
|Allahabad High Court

Section 47 CPC | Executing Court's Inherent Power to Correct Clerical Errors in Decrees Without Fresh Suit : Allahabad HC

Allahabad High Court affirms that executing courts can rectify clerical errors in decrees under Section 47 CPC, ensuring substantive justice prevails over procedural technicalities. This ruling prevents parties from being denied the fruits of a decree due to minor inaccuracies, reinforcing the court's inherent powers to uphold the true intent of judgments.

Section 36 Arbitration and Conciliation Act | Executing Court Cannot Redefine Pre-Award Interest Period; Final Award Must Be Enforced As Written : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 36 Arbitration and Conciliation Act | Executing Court Cannot Redefine Pre-Award Interest Period; Final Award Must Be Enforced As Written : Calcutta HC

The Calcutta High Court has ruled that executing courts lack authority to alter the interest period or amount specified in a final arbitral award, even if the debtor claims a bona fide dispute. This upholds the sanctity of arbitral awards under Section 36 ACA and prevents collateral challenges during enforcement, directly impacting award holders seeking precise recovery and debtors attempting to renegotiate terms post-award.