Plain Error - Judgment Search Results

United States Vs. Dominguez Benitez

Court: US Supreme Court

..... opinion of blackmun j for defendants such as dominguez the burden of establishing entitlement to plain error relief should not be too easy first the standard should enforce the policies underpinning rule ..... order to show that a violation of federal rule of criminal procedure 11 constitutes reversible plain error a defendant must demonstrate that he would not have pleaded guilty if the violation had .....

Lamie Vs. United States Trustee

Court: US Supreme Court

..... in contrast concluded that the text s apparent errors rendered the section ambiguous requiring consideration of the ..... absent other indications inappropriate we should prefer the plain meaning since that approach respects the words of ..... error exists in the new text the courts of appeals for the fifth and eleventh circuits when asked to interpret current 330 a 1 concluded that its language was plain .....

Corrossion Roadlines Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Pune

Reported in: (2005)92ITD181(Pune.)

..... correct the tribunal decided the issue after taking into consideration the rival submissions no specific error was pointed out 6 an oversight of a fact cannot constitute an apparent mistake rectifiable ..... interpreting it is an error a fault a misunderstanding a misconception apparent means visible capable of being seen easily seen obvious plain a mistake which can be rectified under section 254 2 .....

Jeet Ram Kishore and ors. Vs. Sunder Singh

Court: Himachal Pradesh

Reported in: AIR2005HP21

..... judge in view of the plain and ambiguous language of the provisions of the act was in error in introducing the condition of ..... for the defendants submitted that trial court has fallen into error in dismissing the application for amendment of the written statement ..... construction must not of course be strained to include cases plainly omitted from the natural meaning of the words the comparison .....

Surjit Singh Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

Reported in: AIR2005J& K7,2005(1)ARBLR346(J& K)

..... in the contract and in such cases it would be a jurisdictional error for this limited purpose reference to the terms of the contract ..... but the arbitrator has ignored the clause and as such committed the error in awarding the claim 15 i have gone through the said ..... but which are plainly contrary to the terms of the contract would certainly lead to an inference that there is an error apparent the award .....

Dretke Vs. Haley

Court: US Supreme Court

..... must generally proceed with caution but that type of caution is plainly unwarranted in a case in which constitutional error has concededly resulted in the imposition of an unlawful sentence in ..... to answer the question presented here whether this exception should be extended to noncapital sentencing error because the district court failed first to consider alternative grounds for relief urged by .....

East West Rescue Pvt. Ltd. Vs. Dy. Cit, Spl. Range 14

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2004)89ITD259(Delhi)

..... to the hon ble court the tribunal was therefore clearly in error in holding that no debatable issue was involved in this decision ..... reliance on a wrong provision of law is tantamount to an error apparent from the record within the meaning of the said section ..... it is an error a fault a misunderstanding a misconception apparent means visibil capable of being seen easily seen obvious plain a mistake which .....

Satvantkaur Harjitsingh Vig and ors. Vs. Aarti Jayant Lalwani and ors.

Court: Mumbai

Reported in: 2005ACJ255; 2005(2)BomCR687

..... the view that the claims tribunal s judgment suffers from an error of law apparent on the face of the record sub section ..... we must give the word resulted occurring in the section a plain meaning which is as a consequence or outcome of something learned ..... motor accidents claims tribunal fell into error in denying the relief to the petitioners on the ground that .....

Aetna Health Inc. Vs. Davila

Court: US Supreme Court

..... 03 69 fresh consideration of the availability of consequential damages under 502 a 3 is plainly in order see 321 f 3d at 106 107 calabresi j dissenting in part gaping ..... the court act quickly because the current situation is plainly untenable langbein what erisa means by equitable the supreme court s trail of error in russell mertens and great west 103 colum .....

Mrs. Teeku Dutta Vs. State and anr.

Court: Delhi

Reported in: AIR2004Delhi205; 2004(73)DRJ9

..... be justified or legally sustained in the opinion of this court the answer is a plain no and it is for more than one reasons firstly the learned trial court has ..... fallen in gross error in raising a presumption against the petitioner about her alleged conduct in not impleading banarsi .....