Fundamental Error - Judgment Search Results

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court: Supreme Court of India

Reported in: AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... all other laws which continue under our constitution are ordinary laws the fundamental error in including amendment of the constitution in law under article 13 2 is by overlooking ..... from which the conclusion is said to follow that it was an error to include it in the chapter on fundamental rights our dicision of this vexed question must depend upon the .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court: Supreme Court of India

..... 258 representation in the state services which is a fundamental error committed by the commission 306 the government committed an error in accepting the recommendation without scrutinizing the report with ..... the percentage due to which it fell in error in finding their representation in services inadequate 304 there is one more fundamental error which has been committed by the commission the .....

Scott Vs. Sandford

Court: US Supreme Court

..... lawfully do whatever is not directly prohibited by the constitution this would have been a fundamental error if no amendments to the constitution had been made but the final expression of the ..... previous decisions with a great weight of judicial authority in other slaveholding states and with fundamental principles of private international law mr chief justice gamble in his dissenting opinion in that .....

Sochor Vs. Florida

Court: US Supreme Court

..... simply my point is not that such error necessarily constitutes fundamental error but rather that such error can be the subject of fundamental error review in other words the florida supreme ..... an objection at trial to consider whether such error constitutes fundamental error although the florida supreme court may not necessarily find fundamental error in the particular instance it is nevertheless .....

Seminole Tribe of FlA. Vs. Florida

Court: US Supreme Court

..... necessary to rely on the holding in union gas to support their conc1u 95 the fundamental error that continues to lead the court astray is its failure to acknowledge that its modern ..... under article i expand the scope of the federal courts article iii jurisdiction contradicted the fundamental notion that article iii sets forth the exclusive catalog of permissible federal court jurisdiction thus .....

Girish Kumar Suneja Vs. Cbi

Court: Supreme Court of India

..... questions referred was as follows has the tribunal united nations administrative tribunal committed a fundamental error in procedure which has occasioned the failure of justice as contended in the application ..... the text of the article 76 while considering the interpretation of the expression a fundamental error in procedure which has occasioned a failure of justice the international court of justice .....

Reed Vs. Farley

Court: US Supreme Court

..... so fine a screen as hill and timmreck provide similarly prudential justifications for hill s fundamental error standard may differ from state to federal proceedings in a federal trial and appeal virtually ..... under 2254 6 there is an additional reason to question the application of the hilltimmreck fundamental error or miscarriage of justice standard to reed s 2254 claim in both hill and timmreck .....

Puri Construction P. Ltd. and Ors. Vs. Larsen and Toubro Ltd. and Anr ...

Court: Delhi

..... judge was of the opinion that the tribunal committed a fundamental error in holding that there was economic duress or coercion which ..... remain with pcl 48 l t specifically argued that a fundamental error in the award related to adverse market conditions and the ..... in an award warranting interference under section 34 all such fundamental principles as providing a basis for administration of justice and .....

Hj (iran) (Fc) and Another (Appellant) Vs. Secretary of State for the ...

Court: UK Supreme Court

..... is unwilling or unable to do this that is a fundamental error it conflicts with simon brown lj s observation in ahmed ..... for immigration and multicultural affairs leads to error it distracts attention from the fundamental question it leads to confining the examination ..... of the convention and deny them the enjoyment of their fundamental rights and freedoms without discrimination the right to dignity .....

Herrera Vs. Collins

Court: US Supreme Court

..... scarcely logical petitioner s claim is not that some error was made in imposing a capital sentence upon him but that a fundamental error was made in finding him guilty of the ..... to habeas relief because newly discovered evidence shows that his conviction is factually incorrect the fundamental miscarriage of justice exception is available only where the prisoner supplements his constitutional claim .....