Plain Error - Year 2011 - Judgments

May 16 2011 (FN)

Brown Vs. Plata

Court: US Supreme Court

Decided on: May-16-2011

..... reason why a district judge s factual findings are entitled to plain error review because having viewed the trial first hand he is in ..... in the record it is difficult to reverse them under a plain error standard of review ante at 38 and given that the district ..... three judge court also did not err much less commit clear error when it concluded that absent a population reduction continued efforts by .....

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May 16 2011 (FN)

Fowler Vs. United States

Court: US Supreme Court

Decided on: May-16-2011

..... the objection to sufficiency of the evidence was preserved or whether the district court committed plain error i would hold that there was insufficient evidence to support fowler s conviction i section ..... whether fowler preserved this issue at trial or whether the inadequacy of the evidence constituted plain error i concur in the court s order vacating the judgment and remanding for resolution of .....

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Feb 23 2011 (FN)

Michigan Vs. Bryant

Court: US Supreme Court

Decided on: Feb-23-2011

..... held that the admission of covington s statements constituted prejudicial plain error warranting reversal and ordered a new trial 483 mich at ..... a subjective inquiry and any such argument would be in error we do not understand the dissent to disagree that the ..... recent confrontation clause jurisprudence ante at 12 which made it plain that r eliability tells us nothing about whether a statement is .....

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Apr 01 2011 (HC)

Sri Prabir Guha and ors. Vs. Sri Uttam Chand Surana and anr.

Court: Kolkata Appellate

Decided on: Apr-01-2011

..... of injunction 24 moreover on the facts above the learned appellate court below was plainly in grave error in proceeding to pass an order of injunction on the admitted facts as elucidated .....

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Jul 18 2011 (SC)

Indian Council for Enviro Legal Action Vs. Union of India and ors.

Court: Supreme Court of India

Decided on: Jul-18-2011

..... it should hesitate to correct the error but before a previous decision is pronounced to be plainly erroneous the court must be satisfied ..... proper but also obligatory both legally and morally to rectify the error after giving our anxious consideration to the question we are ..... grounds that the house of lords had made a substantive error in the original adjudication however this appeal was lodged under .....

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Jun 22 2011 (FN)

R (on the Application of Cart) (Appellant) Vs. the Upper Tribunal (Res ...

Court: UK Supreme Court

Decided on: Jun-22-2011

..... show that the refusal of permission to appeal was plainly wrong in law it would also have to be established that the error was sufficiently grave to justify the case being treated ..... of general importance the problem with unrestricted judicial review is that it captures all arguable errors of law without discriminating between them notwithstanding the countervailing factors to which i have referred .....

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Jul 13 2011 (HC)

Faridabad Investment Company Limited Vs. Commissioner of Income Tax, W ...

Court: Kolkata

Decided on: Jul-13-2011

..... not require any long drawn process of reasoning the following observations in connection with an error apparent on the face of the record in satyanarayan laxminarayan hegde v mallikarjun bhavanappa ..... interpreting it is an error a fault a misunderstanding a misconception ldquo apparent rdquo means visible capable of being seen obvious plain it means ldquo open to view visible evident appears .....

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Dec 23 2011 (HC)

M/S. Link Line Enterprises Vs. Asst. Commissioner of Income Tax and An ...

Court: Kerala

Decided on: Dec-23-2011

..... chief commissioner granting waiver was definitely a misconception or an error in interpreting the notification which could be rectified under s ..... the order passed under s 154 is rectification of an error in interpreting the terms of the notification and reversing the ..... 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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Feb 09 2011 (HC)

Shri Gopaldas Deosthan, Bhidi Vs. State of Maharashtra and anr.

Court: Mumbai Nagpur

Decided on: Feb-09-2011

..... sohoni the learned counsel for the appellant submitted that the authority has committed an error in ignoring the plain terms of the section which contemplates that a major portion of the income ..... the learned counsel for the appellant further submitted that the learned single judge fell into error in upholding the decision of the authority there is no dispute that the objects of .....

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Nov 08 2011 (HC)

Charanjit Lal Khatri Vs. Secretary General, Rajya Sabha Secretariat an ...

Court: Delhi

Decided on: Nov-08-2011

..... or the appellate authority on the entries against the serial nos it is plain that there is an obvious error in retaining the overall grading for the period 1st august to 31st .....

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