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    <title>1957 (4) TMI 72 - CALCUTTA HIGH COURT</title>
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    <description>A clerical omission in a decree, where interest awarded in the judgment was left out of the drawn decree, is correctable under section 152. However, once the decree has been appealed from and the appeal finally disposed of, the trial court becomes functus officio for amendment purposes and cannot itself alter the decree. In that situation, the decree in law is the appellate decree, so the appellate court alone has jurisdiction to direct the correction. The subordinate judge&#039;s attempted amendment was therefore without jurisdiction, and the appellate court properly rectified the decree to conform with the judgment.</description>
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    <pubDate>Mon, 15 Apr 1957 00:00:00 +0530</pubDate>
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      <title>1957 (4) TMI 72 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197851</link>
      <description>A clerical omission in a decree, where interest awarded in the judgment was left out of the drawn decree, is correctable under section 152. However, once the decree has been appealed from and the appeal finally disposed of, the trial court becomes functus officio for amendment purposes and cannot itself alter the decree. In that situation, the decree in law is the appellate decree, so the appellate court alone has jurisdiction to direct the correction. The subordinate judge&#039;s attempted amendment was therefore without jurisdiction, and the appellate court properly rectified the decree to conform with the judgment.</description>
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      <pubDate>Mon, 15 Apr 1957 00:00:00 +0530</pubDate>
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