Plain Error - Year 2012 - Judgments

Jun 11 2012 (FN)

Parker Vs. Matthews

Court: US Supreme Court

Decided on: Jun-11-2012

..... reflect clearly established law as set out in this court s holdings it was plain and repetitive error for the sixth circuit to rely on its own precedents in granting matthews habeas ..... of the darden prosecutorial misconduct claim was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement harrington 562 .....

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Feb 22 2012 (FN)

Messerschmidt Vs. Millender

Court: US Supreme Court

Decided on: Feb-22-2012

..... officials who reviewed the application expressed concern about its validity demonstrates that any error was not obvious groh plainly does not control the result here nbsp nbsp nbsp nbsp the question in ..... by probable cause a contrary conclusion would mean not only that messerschmidt and lawrence were plainly incompetent in concluding that the warrant was supported by probable cause malley supra at 341 .....

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Jul 10 2012 (SC)

Ms. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electri ...

Court: Supreme Court of India

Decided on: Jul-10-2012

..... earlier decision was clearly erroneous it should hesitate the correct the error but before a previous decision is pronounced to plainly erroneous the court must be satisfied with fair amount of ..... is again in controversy unless there are occasions when departure is rendered necessary to vindicate plain obvious principles of law and remedy continued injustice it should be invariably applied and .....

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Nov 30 2012 (TRI)

Jaswant Singh Yadav Vs. Government of Nct of Delhi and Others

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Nov-30-2012

..... the issue and a review is allowable only if the error pointed out is plain and apparent on the face of the record we do ..... case is a fit for entertaining review application as apart from aforesaid errors apparent on the face of record there are various contentions which ..... not find that the review applicant before us has been able to point out an error .....

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Nov 22 2012 (SC)

Shree Om Enterprises Pvt. Ltd. Vs. Bses Rajdhani Power Ltd.

Court: Supreme Court of India

Decided on: Nov-22-2012

..... present appeal has been filed contending that the dismissal of the suit all along is plainly opposed to the materials and evidence on record and that such dismissal ex facie discloses ..... errors apparent on the face of the record 8 we have heard shri cs vaidyanathan learned .....

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Sep 11 2012 (HC)

T.S. Singh Deo Vs. Ramanuj Dubey and Another

Court: Chhattisgarh

Decided on: Sep-11-2012

..... 135 of the limitation act but is rather a plain and simple decree for eviction and the learned executing court has committed serious error of jurisdiction by treating the same as a .....

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Oct 16 2012 (TRI)

Mrs. Sudha Sanwal Vs. the Commissioner of Police, Delhi Police Headqua ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Oct-16-2012

..... our consideration 22 to sum up on a plain reading of the proviso to rule 11 1 of the rules we find no error having been committed by the tribunal in taking .....

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May 09 2012 (HC)

Deputy C.S.T.E. (Const.) Vs. Kshetrapal Singh Kushwaha

Court: Delhi

Decided on: May-09-2012

..... gross failure of justice has occasioned thereby 6 a patent error is an error which is self evident i e which can be perceived ..... date of termination of his services this is evident from a plain reading of section 25 h of the industrial disputes act ..... certiorari in all these cases the impugned conclusion should be so plainly inconsistent with the relevant statutory provision that no difficulty is .....

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Aug 21 2012 (HC)

Shakti Bhog Foods Ltd. Vs. Kola Shipping Ltd and Another

Court: Delhi

Decided on: Aug-21-2012

..... with section 17 eaa that applied therefore there was a basic error in the constitution of the arbitral tribunal by resorting to ..... it could not have challenged the arbitrator earlier however it is plain that an award rendered by an arbitrator about whose independence and ..... of the charterparty 8221 was also an obvious mistake however these errors by themselves were not so serious as to affect the .....

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Jan 16 2012 (SC)

Ms. National Seeds Corpn. Ltd. Vs. M. Madhusudhan Reddy and anr.

Court: Supreme Court of India

Decided on: Jan-16-2012

..... by the respondents and the state and national commissions committed grave error by brushing aside the appellant s objections to the maintainability of ..... 8 of the arbitration and conciliation act 1996 act moreover the plain language of section 3 of the consumer act makes it clear ..... procedure prescribed under section 13 1 c a reading of the plain language of that section shows that the district forum can .....

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