Plain Error - Judgment Search Results

Osborne Vs. Ohio

Court: US Supreme Court

..... that the omission of the element of recklessness did not constitute plain error 37 ohio st 3d at 254 525 n e 2d at 1370 to ..... 397 u s 363 1970 and is cognizable on appeal as plain error cf carella v california 491 u s 263 491 u s 268 269 ..... trial and stated that the failures of proof did not amount to plain error held 1 ohio may constitutionally proscribe the possession and viewing of child .....

Whitmore Vs. Arkansas

Court: US Supreme Court

..... would allow that citizen to be executed on the grounds that his lawyers had waived plain error an illegal execution is no less illegal because a technical ground of waiver is assigned .....

Walton Vs. Arizona

Court: US Supreme Court

..... guided by what seem to me incompatible principles i must reject the one that is plainly in error the objectives of the doctrine of stare decisis are not furthered by adhering to woodson ..... that state appellate courts are required to or necessarily should engage in reweighing or harmless error analysis when errors have occurred in a capital sentencing proceeding our holding is only that such procedures .....

Clemons Vs. Mississippi

Court: US Supreme Court

..... from its asserted authority to affirm the sentence on the ground of harmless error and which plainly means that we must reject clemons s assertion that he had an unqualified ..... the mississippi supreme court s refusal to rely on harmless error analysis in upholding the sentence was plainly justified because the error extended beyond the mere invalidation of an aggravating circumstance supported .....

The Reserve Bank of India, Trivandrum Vs. Raj Engineering Contractors

Court: Kerala

Reported in: AIR1991Ker326

..... of orissa v lall brothers sabyasachi mukharji j as he then was plainly said that an award may be set aside by the court ..... other materials placed before the arbitrator to discover whether there is any error on the face of the award similarly where the terms of ..... the whole argument of counsel for the appellant that there is an error of construction of certain clauses of the contract and that resulted .....

American Trucking Ass'ns Vs. Smith

Court: US Supreme Court

..... relief a federal court should award this is precisely backwards as previously discussed mckesson makes plain that equitable considerations are of limited significance once a constitutional violation is found as the ..... the date of that decision in striving to recharacterize our precedents the dissent makes the error of equating a decision not to apply a rule retroactively with the judicial choice of .....

Mohmad HusseIn Miya Mohmad Shaikh Vs. Valchand Sukhlal Jani and anr.

Court: Gujarat

Reported in: (1991)2GLR1316

..... of the code can be invoked for reviewing its own orders a plain reading of section 362 of the code would show that once ..... alter or review the same except for correcting the clerical or arithmetical error mankad would have filed his appearance on the record of the ..... alter or review the same except for correcting the clerical or arithmetical error now what is sought to be achieved here by this petition .....

Allahabad Bank Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: [1993]199ITR664(Cal)

..... assessment the income tax officer discovers that he has committed an error in consequence of which income has escaped assessment it is ..... appears to us inconsistent with the terms of section 147 b plainly the statutory provision envisages that the income tax officer must ..... our view the materials disclosed did not indicate any omission or error or mistake which had escaped assessment at the time of .....

Samatha Metal Industries Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1991)LC765Tri(Delhi)

..... refunded when duties or charges have been short levied through inadvertence error collusion or misconstruction on the part of an officer or through ..... time and place as the proper officer may specify on a plain reading of the rules it appears that for invoking rule ..... in respect of such short levy or erroneous refund through inadvertence error collection or misconstruction on the part of an officer etc .....

S. K. Sanderson (Minerals) Ltd. Vs. Commissioner of Income Tax.

Court: Kolkata

Reported in: (1992)104CTR(Cal)322

..... that the difference was mainly due to the volumetric measurement which most likely involve human error and that however an adjustment would be made after further investigation the cit a also ..... noted that subsequently the materials were placed on plain and even surface and were again subjected to volumetric measurement which was thereafter converted into .....