Plain Error - Bare Acts

Code of Criminal Procedure, 1973 Section 215

Title: Effect of Errors

State: Central

Year: 1973

.....he became possessed thereof that such coin was counterfeit," the word " fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the-charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh, and the dale of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which.....

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Code of Criminal Procedure, 1973 Section 465

Title: Finding or Sentence when Reversible by Reason of Error, Omission or Irregularity

State: Central

Year: 1973

(1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

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Patents Act, 1970 (39 of 1970) Section 78

Title: Power of Controller to Correct Clerical Errors, Etc.

State: Central

Year: 1970

.....59 as regards amendment of applications for patents or complete specifications1[or other documents related thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register. (2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. (3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction. (4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such.....

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Foreign Marriage Act, 1969 Section 26

Title: Correction of Errors

State: Central

Year: 1969

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons, married or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

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Christian Marriage Act1872 Section 78

Title: Corrections of Errors

State: Central

Year: 1872

Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of no other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof. And every entry made under this section shall be attested by the witnesses in whose presence it was made. And, in case such certificate has been already sent to the {Subs.by Act 6 of 1886, section.30(b), for " Secretary to the L.G.".} [Registrar General of Births, Deaths and Marriages], such person shall make and send in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.

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Special Marriage Act, 1954 Section 49

Title: Correction of Errors

State: Central

Year: 1954

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made. (3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

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Presidency Small Cause Courts Act, 1882 Section 45

Title: Applicant, if Entitled to Possession, Not to Be Deemed Trespasser for Any Error in Proceedings.occupant May Sue for Compensation

State: Central

Year: 1882

When the applicant, at the time of applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode of proceeding to obtain possession there under, to be a trespasser; but any person aggrieved may bring a suit for the recovery of compensation for any damage which he has sustained by reason of such error, defect or irregularity: when no such damage is proved, the suit shall be dismissed; and when such damage is proved but the amount of the compensation assessed by the Court does not exceed ten rupees, the Court shall award to the plaintiff no more costs than compensation, unless the Judge who tries the case certifies that in his opinion full costs should be awarded to the plaintiff.

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Karnataka Land Revenue Act, 1964 Section 59

Title: Orders Not Reversible by Reason of Error or Irregularity Not Occasioning Failure of Justice

State: Karnataka

Year: 1964

No order passed by a Revenue Officer shall be reversed or altered in appeal or revision on account of an error, omission, or irregularity in the summons, notice, proclamation, warrant or order or any other proceedings under this Act, unless such error, omission or irregularity has, in fact, occasioned a failure of justice.

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Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 32

Title: Power to Vary Scheme on Ground of Error, Irregularity, Informality

State: Central

Year: 1947

.....thereby communicate in writing any objection to such variation to the 3 [SettlementCommissioner]. (3)After receiving the objections under sub-section (2) the 1 [SettlementCommissioner] may, after making such enquiry as 4 [he may] think fit,5 [* * *] make the variation with or without modification or may notmake any variation. 6 [(3A) If the scheme is variedunder sub-section (3), a notification stating that the scheme has been variedshall be published in the Official Gazette and the scheme so varied shall bepublished in the prescribed manner in the village or villages concerned.] (4)From the date of the notification 7 [stating that the scheme has beenvaried] the variation shall take effect as if it were incorporated in thescheme. _____________________________ 1.These words were substituted forthe words "State Government" by Mah. 19 of 1966, s. 14(a) and(c)(i) 2.These brackets, words, figuresand letter were inserted by Bom. 33 of 1956, s. 6(1). 3.These words were substituted forthe words "State Government through the Settlement Commissioner" byMah. 19 of 1966 s. 14(b). 4.These words were substituted forthe words "it may" Mah. 19 of 1966 s. 14(b), s. 14(c)(ii). .....

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Land Acquisition Act, 1894 Section 13A

Title: Correction of Clerical Errors, Etc

State: Central

Year: 1894

.....arising therein either on his own motion or on the application of any person interested or a local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making a representation in the matter. (2) The Collector shall give immediate notice of any correction made in the award to all the persons interested. (3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered as an arrear of land revenue.] _____________________ 1. Inserted by ibid., section 10 w.e.f. 24-9-1984.

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