Plain Error - Judgment Search Results

Stenberg Vs. Carhart

Court: US Supreme Court

..... by the lower federal courts unless such a construction amounts to plain error see e g bishop v wood 426 u s 341 346 ..... o connor has said so wellestablished that failure to apply is plain error id at 483 although our interpretation of a nebraska law is ..... particularly reluctant to defer when the lower courts have fallen into plain error which is precisely the situation presented here to the extent they .....

Williams Vs. Taylor, Warden

Court: US Supreme Court

..... does not use any term such as de novo or plain error that would easily identify a familiar standard of review rather ..... presumably because all or virtually all such judges occasionally commit error they make decisions that in retrospect may be characterized ..... decisions before concluding that those proceedings were infected by constitutional error sufficiently serious to warrant the issuance of the writ .....

Shaik Bande Ali Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)512; 2000(3)ALT381; 2000(1)ALT(Cri)412; 2000CriLJ2033; 2000(70)ECC715

..... review the same except to correct a clerical or arithmetical error a plain reading of the provision itself is enough to reject the ..... or review the same except to correct a clerical or arithmetical error 12 evidently section 362 prohibits the court to alter or ..... disposing of a case except to correct a clerical or arithmetical error it specifically speaks that signed judgment or final order disposing .....

Municipal Teachers Training Institute, Chickballapur Vs. the National ...

Court: Karnataka

Reported in: ILR2000KAR5004; 2001(1)KarLJ50

..... it is the plain duty of this court to correct such errors in exercise of its writ jurisdiction while considering ..... the conduct of the parties the magnitude or the nature of the error committed in the orders which are called in question before this court ..... commit infraction of law and orders passed by them suffer from errors which require to be corrected by this court in my view .....

Baljeet Jolly Vs. Commissioner of Income-tax

Court: Delhi

Reported in: (2000)164CTR(Del)37

..... special significance it is not an arithmetical or clerical error it comprehends error which after a judicious probe into the record from ..... apparent from record in the civil procedure code the words are an error apparent on the face of the record the two provisions ..... is an error a fault a misunderstanding a misconception apparent means visible capable of being seen easily seen obvious plain a mistake .....

Smt. Baljeet Jolly Vs. Commissioner of Income Tax

Court: Delhi

Reported in: (2001)164CTR(Del)37; [2001]250ITR113(Delhi); [2001]113TAXMAN38(Delhi)

..... was not available to be taken and the tribunal was in error in treating as if the credit appeared in the books in ..... face of the record should be one which is not an error which depends for its discovery on elaborate arguments on questions of ..... it is an error a fault a misunderstanding a misconception apparent means visible capable of being seen easily seen obviously plain a mistake which .....

Hotz Hotels Pvt. Ltd. Vs. Commissioner of Income-tax

Court: Delhi

Reported in: (2001)164CTR(Del)319; [2001]248ITR647(Delhi)

..... attracted that being the position the tribunal was clearly in error in holding that no debatable issues were involved thereby ..... rectifications that being the position the tribunal was clearly in error in holding that no debatable issues were involved thereby permitting ..... it is an error a fault a misunderstanding a misconception apparent means visible capable of being seen obvious plain it means open .....

Commissioner of Income-tax Vs. M/S. M.M.T.C. Ltd.

Court: Delhi

Reported in: (2000)163CTR(Del)612; [2000]246ITR725(Delhi)

..... 154 of the act in the civil procedure code the words are an error apparent on the face of the record the two provisions do ..... laws it has a special significance it is not an arithmetical error which after a judicious probe into the record from which it ..... interpreting it is an error a fault a misunderstanding a misconception apparent means visible capable of being seen obvious plain it means open to .....

Commissioner of Income Tax Vs. M. M. T. C. Ltd.

Court: Delhi

Reported in: [2001]112TAXMAN647(Delhi)

..... laws it has a special significance it is not an arithmetical error which after a judicious probe into the record from which it ..... of fact is not a mistake apparent from the record the plain meaning of the word apparent is that it must be something ..... interpreting it is an error a fault a misunderstanding a misconception apparent means visible capable of being seen obvious plain it means open to view .....

State of West Bengal and ors. Vs. Scene Screen (Pvt.) Ltd., and anr.

Court: Supreme Court of India

Reported in: AIR2000SC3089; 2000(6)SCALE607; (2000)7SCC686; [2000]Supp3SCR502

..... judge in view of the plain and unambiguous language of the provisions of the act was in error in introducing the condition of ..... strenuously urged that the division bench of the high court committed error in holding that the interest of the lesser respondent no 2 ..... well accepted principle of interpretation of statutory provisions that if the plain language of the section is clear or unambiguous it is .....