Plain Error - Judgment Search Results

United States Vs. Gaudin

Court: US Supreme Court

..... states v olano 507 u s 725 732 1993 the court noted the limitations on plain error review by the courts of appeals under rule 52 b the first limitation on appellate ..... a 527 court of appeals cannot correct an error pursuant to rule 52 b unless the error is clear under current law ibid third the plain error must affec t substantial rights ibid i .....

Chandris, Inc. Vs. Latsis

Court: US Supreme Court

..... that the district court s seaman status jury instructions constituted plain error under established circuit precedent the court then 353 took this ..... and that the remainder of the charge did not constitute plain error id at 58 we granted certiorari 513 u s 945 ..... whether the district court s seaman status jury instructions constituted plain error brieffor petitioners 12 14 under this court s rule 14 .....

Celotex Corp. Vs. Edwards

Court: US Supreme Court

..... colleagues in my view however the bankruptcy judge s error is sufficiently plain that the court of appeals was justified in allowing ..... bankruptcy judges to enjoin other courts the bankruptcy judge s error with respect to this injunction thus seems clear and the ..... follow apart from the fact that the emergency rationale is plainly insufficient to support an otherwise improper injunction that has now .....

State of U.P. and anr. Vs. Shyam Kumar Anand and ors.

Court: Supreme Court of India

Reported in: 1995Supp(2)SCC750

..... maintained rdquo the least we can say is that the high court fell into patent error a plain reading of section 13 3 makes it clear that the commissioner before whom the .....

Batra Steels Vs. the Commissioner of Sales Tax and ors.

Court: Delhi

Reported in: ILR1995Delhi516

..... conditions of its legal activity have plainly been infringed but where the alleged or apparent error consists in a misappreciation of evidence ..... of an appeal or writ of error that the duty of the court below must be plain its refusal to proceed within the ..... superintendence under article 227 cannot be exercised for correcting the errors or upsetting the conclusions of the courts or tribunals courts .....

Ekonkar Dashmesh Transport Co. and ors. Vs. Central Board of Direct Ta ...

Court: Punjab and Haryana

Reported in: (1995)129CTR(P& H)303; [1996]219ITR511(P& H); (1995)111PLR95

..... to be in consonance with the plain language of section 194c in our view the board committed no error in taking a cue from the ..... been held in these decisions that the board has committed a manifest error in interpreting the judgment of the supreme court in the case of ..... view taken by the authority or the board is contrary to the plain language of the statute the circular cannot be used to evade the .....

Sponge Iron India Ltd., (Rep. by Its Secretary) Vs. B.V. Radhakrishna ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT557

..... lead in a sense contrary to its plain meaning without any factual or legal basis and therefore there is an error of law apparent on the face ..... as this claim is concerned which could be treated as either an error apparent on the face of the award or a claim which was ..... that an award cannot be interfered with even if there is an error of law or of fact and if two interpretations are possible the .....

Karnal Improvement Trust, Karnal Vs. Parkash Wanti (Smt) (Dead) and an ...

Court: Supreme Court of India

Reported in: JT1995(5)SC151; 1995(3)SCALE487; (1995)5SCC159; [1995]Supp1SCR136

..... it should hesitate to correct the error but before a previous decision is pronounced to be plainly erroneous the court must be satisfied ..... it should hesitate to correct the error but before a previous decision is pronounced to be plainly erroneous the court must be ..... omission to consider two relevant sale deeds and lastly the errors in calculation of the compensation the counsel for the respondents .....

Akshaya Restaurant Vs. P. Anjanappa and anr.

Court: Supreme Court of India

Reported in: AIR1995SC1498; II(1996)BC209(SC); JT1995(6)SC269; (1996)1MLJ43(SC); 1995(2)SCALE698; 1995Supp(2)SCC303

..... has been improperly rejected improper rejection of a nomination on a plain reading of the said provision would not mean that for the ..... other than i illegality ii irrationality and iii procedural impropriety an error of fact touching the merit of the decision vis vis the ..... said purpose an election petitioner can only show an error in the decision making process by a returning officer but also .....

Union of India (Uoi) and anr. Vs. Babu Singh and ors.

Court: Supreme Court of India

Reported in: 1995(7)SCALE347; (1996)1SCC477; [1995]Supp6SCR154

..... has been improperly rejected improper rejection of a nomination on a plain reading of the said provision would not mean that for the ..... other than i illegality ii irrationality and iii procedural impropriety an error of fact touching the merit of the decision vis vis the ..... said purpose an election petitioner can only show an error in the decision making process by a returning officer but also .....