Plain Error - Judgment Search Results

United States Vs. Booker

Court: US Supreme Court

..... doctrines determining e g whether the issue was raised below and whether it fails the plain error test it is also because in cases not involving a sixth amendment violation whether resentencing ..... doctrines determining for example whether the issue was raised below and whether it fails the plain error test it is also because in cases not involving a sixth amendment violation whether resentencing .....

Arthur Andersen Llp Vs. United States

Court: US Supreme Court

..... is not preserved or that it is only subject to plain error review for failure to comply with federal rule of criminal procedure ..... wrongdoing in order to convict and that there was no reversible error held the jury instructions failed to convey properly the elements of ..... find any consciousness of wrongdoing and that there was no reversible error because of a split of authority regarding the meaning of .....

Gonzalez Vs. Crosby

Court: US Supreme Court

..... further distinguishable in that it did not involve the sort of plain error of law that has been identified in this case but even ..... federal habeas petition is that our decision in artuz showed the error of the district court s statute of limitations ruling we ..... thought to present a good vehicle for resolving legal issues and error correction is a disfavored basis for granting review particularly in .....

Harjeet Singh Vs. State of West Bengal

Court: Kolkata

Reported in: 2005(2)CHN445,2005CriLJ3286,2005(3)CTC217,[2005(4)JCR422(Cal)]

..... alter or review the same except to correct a clerical error 13 a plain reading of the sister provision in the erstwhile code and ..... be any confusion in this respect both clerical and arithmetical errors are errors and omission very much apparent on the face of the ..... agarwala 1979crilj33 therefore it can be said without any fear or error that this is an authority which completely bars the entertainment .....

Union of India (Uoi) and ors. Vs. Ashok Kumar and ors.

Court: Supreme Court of India

Reported in: AIR2006SC124; [2005(107)FLR840]; JT2005(12)SC515; 2005(8)SCALE397; (2005)8SCC760; 2006(1)SLJ312(SC)

..... any of the alternatives indicated in the sub rule 5 10 the high court is plainly in error in holding that it is only the central government which is competent to act .....

Smith Vs. Massachusetts

Court: US Supreme Court

..... court here was locked into its on the spot error the court maintains because the availability of reconsideration had not been plainly established by pre existing rule or case authority expressly ..... the judge from reconsidering her decision held 1 submitting the firearm count to the jury plainly subjected petitioner to further factfinding proceedings going to guilt or innocence which are prohibited .....

Municipal Corporation of Greater Bombay and Vs. Atlanta Infrastructure ...

Court: Mumbai

Reported in: 2006(2)ARBLR93(Bom); 2006(2)BomCR596; (2006)108BOMLR67

..... award as far as this item isconcerned is plainly erroneous it is vitiated by error apparent on the face of it theclaim made ..... learned arbitrator has misconducted himself and the award is otherwisevitiated by errors apparent on the face of it it was contended that ..... that falls for our consideration iswhether the learned judge was in error in refusing to exercise his jurisdictionunder section 30 of the .....

illinois Vs. Caballes

Court: US Supreme Court

..... luggage with inconsistent and fictional addresses footnote 6 it would also be error to claim that some variant of the plain view doctrine excuses the lack of justification for the dog sniff ..... reveal only the presence of contraband brief for respondent 17 although respondent argues that the error rates particularly the existence of false positives call into question the premise that drug detection .....

Millenia Realtors Private Limited Vs. Sjr Infrastructure (Private) Lim ...

Court: Karnataka

Reported in: 2005(6)KarLJ36

..... the essence of contract from a plain reading of the document d that the trial court was in error in holding that the proposed sub ..... as a legally enforceable contract c that the trial court was in error in holding that the document was valid only upto 11 12 ..... kiadb executed the lease agreement in favour of the respondent this is plainly capricious 16 the finding of the trial court that as the .....

State of U.P. Vs. Kunawar Bharat Singh and ors.

Court: Allahabad

Reported in: 2006(2)AWC1325

..... 1 shall be deemed to be a notice under section 9 a plain reading of section 13a of the act shows that the prescribed authority ..... the statutory provisions which empoweres the court to correct or rectify the error apparent at the face of record shall be related to the jurisdiction ..... 13a of the act and set aside the earlier finding as the error is apparent at the face of the record the further submission .....