Plain Error - Judgment Search Results

Nguyen Vs. United States

Court: US Supreme Court

..... clear to the courts of appeals that chief judge munson s participation constituted plain error indeed the court unwittingly explains why its own holding is mistaken by ignoring the ..... proceedings no miscarriage of justice will result from deciding not to notice the plain error here accordingly i would proceed to address petitioners constitutional claims petitioners argue that the .....

Shri Ashok Kumar Monga Vs. Uco Bank and ors.

Court: Delhi

Reported in: 2003VIIIAD(Delhi)493; 108(2003)DLT169; 2003(71)DRJ576; 2004(3)SLJ387(Delhi)

..... once taken is not reviewable unless some mistake or error has been committed which is plainly and palpably apparent on the face of the ..... an erroneous decision a rehearing in the matter for detecting an error in the earlier decision and then correcting it does not fall ..... record an error can appropriately and properly be set aside .....

Chamber of Commerce and ors. Vs. Ashok Kumar Gupta and ors.

Court: Jammu and Kashmir

Reported in: AIR2004J& K30,2004(1)JKJ81

..... to prevent miscarriage of justice or to correct grave and palpable errors committed by it but there are definitive limits to the exercise ..... erroneous decision is reheard and corrected but lies only for patent error we do not consider that this furnishes a suitable occasion for ..... and the error apparent on the face of the record as interpreted by the apex court means what is evident on plain reading of .....

Thirumala Tirupati Devasthanams and anr. Vs. Thallappaka Ananthacharyu ...

Court: Supreme Court of India

Reported in: AIR2003SC3290; 2003(6)ALD72(SC); 2003(6)ALT40(SC); JT2004(6)SC425; 2003(7)SCALE352; (2003)8SCC134

..... tribunal having jurisdiction docs not act without jurisdiction if it makes an error in the application of law it was held that if a judicial ..... ex parte shaw 1952 1 k b 338 in laying down that an error of law was a ground for granting certiorari the learned judges emphasised ..... law if the error appears on the face of the record the position was thus summed up by morris lj it is plain that certiorari will .....

Finquick Finance (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2003)81TTJ(Delhi)319

..... provision of law and this has been considered to be an error apparent from the record within he meaning of section 254 2 ..... reliance on a wrong provision of law is tantamount to an error apparent from the record within the meaning of the said section ..... interpreting it is an error a fault a misunderstanding a misconception apparent means visible capable of being seen obvious plain it means open to .....

Om Prakash Gupta and ors. Vs. Union of India (Uoi) and ors.

Court: Allahabad

Reported in: 2004(93)ECC164; 2004(178)ELT150(All)

..... ble cegat which is plainly and obviously inconsistent with and contrary to the express statutory provision it is an error apparent on the ..... is contrary to the well settled legal position it is error apparent on the record which requires rectification d the appellant ..... is contrary to the well settled legal position it is error apparent on the record which requires rectification combined reading of .....

Om Parkash Vs. Ami Lal and anr.

Court: Punjab and Haryana

Reported in: (2003)135PLR57

..... the rent controller has fallen into error in granting sanction for prosecution of the landlord the plain reading of the requisite provision would ..... by the landlord thus the rent controller has definitely fallen into error in holding that the petitioner has committed violation of the ..... on this count also the rent controller has fallen into error as the tenant has not been able to establish that .....

Sachi Prasad Mukherjee Vs. Pampa Kumar and ors.

Court: Kolkata

Reported in: AIR2004Cal310

..... learned judges of the courts below committed serious error by refusing the prayer of the plain tiff petitioner for grant of ad interim ..... the first appellate court in my view has committed a manifest error in ignoring the application filed by the plaintiff petitioner on ..... to consider the matter in its correct perspective and committed serious error in rejecting the prayer of the plaintiff for grant of .....

Dilipkumar Chimanlal Maniar and ors. Vs. Industrial Credit and Develop ...

Court: Mumbai

Reported in: AIR2004Bom117; 2004(2)BomCR39; 2004(2)MhLj626

..... on behalf of the defendants and that therefore there was no error in the impugned judgment and order which recorded that the decree ..... had been satisfied 7 the plain reading of the limitation act 1963 indicates that in determining if ..... on behalf of the defendants and that therefore there was no error in the impugned judgment and order which recorded that the decree .....

Sushil Mittal and anr. Vs. R.D. Bhardwaj and anr.

Court: Himachal Pradesh

Reported in: AIR2003HP170

..... not disobeyed the orders as maintained by the plain tiff learned district judge took a view that even if there was some inadvertent error with regard to registration numbers of the trucks ..... been detailed differently in the body of the order due to a typographical or clerical error and therefore defendants were not entitled to take such a defence 11 learned district judge .....