Plain Error - Year 2010 - Judgments

May 24 2010 (FN)

United States Vs. Marcus

Court: US Supreme Court

Decided on: May-24-2010

..... was true even under plain error review held the second circuit s plain error standard conflicts with this court s interpretation of the plain error rule an appellate court may recognize a plain error that affects substantial ..... at trial must satisfy the second circuit s rule would require reversal under the plain error standard for errors that do not meet those criteria we can find no good reason to .....

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Nov 08 2010 (FN)

Wilson Vs. Corcoran

Court: US Supreme Court

Decided on: Nov-08-2010

..... original cross appeal the seventh circuit concluded that the claim satisfied plain error review id at 551 the panel explained that unlike the indiana ..... have repeatedly held that federal habeas corpus relief does not lie for errors of state law estelle v mcguire 502 u s 62 ..... 551 552 in lieu of finding or even describing a constitutional error the amended opinion says only that the state had not advanced .....

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Sep 27 2010 (HC)

Smt.Aruna Vimalkumar Garg. and ors. Vs Dani Sadan Cooperative Housing ...

Court: Mumbai

Decided on: Sep-27-2010

..... the applicants are not necessary parties to the suit 8 the learned single judge is plainly in error in holding that the plaintiffs have not sought a declaration of their legal status ..... for these reasons we are of the view that the learned single judge was in error in dismissing the chamber summons the appeal is accordingly allowed in consequence the judgment of .....

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Sep 07 2010 (HC)

M/S.Lease Plan India Limited. Vs. the Commercial Tax Officer

Court: Andhra Pradesh

Decided on: Sep-07-2010

..... rectify a mistake apparent from the record the purport of mistake apparent from the record error apparent on the face of the record impropriety irregularity and illegality and clerical or arithmetical ..... 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 visible evident appears appearing as real and .....

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Jul 07 2010 (SC)

M/S. Rashtriya Chemicals and Fertilizers Ltd. Vs. M/S Chowgule Brother ...

Court: Supreme Court of India

Decided on: Jul-07-2010

..... counsel was that the high court had committed an error while interpreting clause 2 03 of the contract mr divan contended that a plain reading of clause 2 03 made it amply ..... it directed payment of the additional amount was unsustainable the division bench however fell in error in taking a contrary view and holding that the interpretation placed by the arbitrators was .....

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Jul 30 2010 (HC)

M/S M/S. Arora Enterprises, Boggulkunta, Hyderabad Vs. the Deputy Comm ...

Court: Andhra Pradesh

Decided on: Jul-30-2010

..... state of orissa7 jayalakshmi coelho5 a clerical or arithmetical error is an error occasioned by an accidental slip or omission of the ..... suo motu came to the conclusion that there was an arithmetical error could they rectify the clerical or arithmetic mistake apparent from ..... it is an error a fault a misunderstanding a misconception apparent means visible capable of being seen obvious plain it means open .....

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Jun 14 2010 (FN)

Holland Vs. Florida

Court: US Supreme Court

Decided on: Jun-14-2010

..... 2004 harris v hutchinson 209 f 3d 325 330 ca4 2000 that rationale plainly applies regardless whether the attorney error in question involves ordinary or gross negligence see coleman 501 u s ..... the principal rationale for disallowing equitable tolling based on ordinary attorney miscalculation is that the error of an attorney is constructively attributable to the client and thus is not a circumstance .....

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Dec 08 2010 (FN)

The Child Poverty Action Group (Respondent) Vs. Secretary of State for ...

Court: UK Supreme Court

Decided on: Dec-08-2010

..... recipient of an award inflated by official error might actually be stronger the error might have been plain obvious and major and the recipient ..... any time if inter alia it arose from an official error against this basic statutory background the court of appeal reached ..... rational for better or for worse those benefiting from official errors are not subject to recovery proceedings i am persuaded that .....

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Aug 10 2010 (HC)

P.Someshkandar. Vs. the District Collector, O/O the District Collector ...

Court: Chennai

Decided on: Aug-10-2010

..... jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it but there are definitive limits to the exercise ..... decision and a decision which could be characterised as vitiated by error apparent a review is by no means an appeal in disguise ..... it a clear case of error apparent on the face of the record would be made out 9 on a plain reading of the provisions .....

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Nov 09 2010 (HC)

S.V.Raghavendra Rao, Vs. Shekar Shetty

Court: Karnataka

Decided on: Nov-09-2010

..... the agreement as ex p l committed an error in holding defendant has not paid a sum of rs 75 000 to the plain tiff when the plaintiff lias not dist agreement ..... paid a sum of rs 75 000 to the fitted by it man is an error co i pass the following for the reasons stated above i order the appeal is .....

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