Plain Error - Year 2015 - Judgments

Mar 26 2015 (HC)

Canara Bank Vs. Bharat Sanchar Nigam Ltd. and Anr

Court: Delhi

Decided on: Mar-26-2015

..... should have been a claim made to the insurance company he was plainly in error in simply observing that no new evidence to substantiate the claim ..... is not liable to be set aside on the ground of an error on the face of the award even if the answer to the ..... is accordingly of the view that the second award suffers from serious errors reflecting a lack of judicious approach and a failure by the second .....

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Oct 16 2015 (SC)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court: Supreme Court of India

Decided on: Oct-16-2015

..... it should hesitate to correct the error but before a previous decision is pronounced to be plainly erroneous the court must be ..... should hesitate to correct the error but before a previous decision is pronounced to be plainly erroneous the court must be ..... would most certainly depict a holistic understanding thereof wherein the plain reading would have naturally been considered but in addition thereto .....

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Nov 19 2015 (HC)

m/s.jk Tyre and Industries Ltd Vs. The State of Karnataka

Court: Karnataka

Decided on: Nov-19-2015

..... laws it has a special significance it is not an arithmetical error which after a judicious probe into the record from which it ..... of fact is not a mistake apparent from the record the plain meaning of the word apparent is that it must be something ..... 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 .....

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Jun 29 2015 (HC)

The Goa Foundation and Another Vs. The North Goa Planning and Developm ...

Court: Mumbai Goa

Decided on: Jun-29-2015

..... for cogent and persuasive reasons and in a clear case of error a court would without hesitation refuse to follow such construction ..... s intention we have come to the conclusion that on a plain construction of the notification the proviso permitted the closing out or ..... a clear case of error thus when the executive construction of the provisions are totally erroneous and on its plain reading are not in .....

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Dec 07 2015 (SC)

M/S Steel Authority of India Ltd. Vs. Commr. of Cen.Exc.Raipur

Court: Supreme Court of India

Decided on: Dec-07-2015

..... it should not hesitate to correct the error but before a previous decision is pronounced to be plainly erroneous the court must be satisfied ..... of the person whom the law addresses and to spell out plainly and without any confusion the consequences of failure to discharge the ..... several relevant considerations what is the nature of the infirmity or error on which a plea for a review and revision of the .....

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Feb 13 2015 (SC)

National Thermal Power Corp. Ltd. Vs. M/S Ashok Kumar Singh and Ors.

Court: Supreme Court of India

Decided on: Feb-13-2015

..... corporation mr s k dhingra argued that the high court was in error in directing refund of the earnest money deposited by the respondent it ..... not commenced after the work is awarded to a contractor 7 a plain reading of the above would show that one of the special ..... deposited by the bidder would be liable to the forfeited is the plain and the simple meaning of the condition no 2 extracted above the .....

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Jan 30 2015 (HC)

M/s. Tata Engineering and Locomotive Co. Ltd. Vs. State of Maharashtra

Court: Mumbai

Decided on: Jan-30-2015

..... sale the language of the explanation being plain clear and unambiguous that the tribunal committed no error in relying on it if the ..... circumstances we are of the view that the tribunal committed no error in dismissing the petitioner s appeal to the extent indicated ..... as registration is in effect and valid tribunal committed no error in dismissing petitioner s appeal to the extent indicated in .....

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Nov 24 2015 (SC)

M/S Shree Bhagwati Steel Rolling Mills Vs. Commnr. of Central Excise a ...

Court: Supreme Court of India

Decided on: Nov-24-2015

..... earlier decision was clearly erroneous it should hesitate to correct the error but before a previous decision is pronounced to be plainly erroneous the court must satisfied with a fair amount of ..... would always depend upon several relevant considerations what is the nature of the infirmity or error on which a plea for review and revision of the earlier view is based on .....

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Sep 29 2015 (HC)

Vishal Garg Vs. Union of India

Court: Punjab and Haryana

Decided on: Sep-29-2015

..... to perform the ordinary functions of an appeal or writ of error that the duty of the court below must be plain its refusal to proceed within the line of such duty ..... not only prejudicial but must involve extraordinary hardship the remedy by appeal or writ of error must be utterly inadequate and the application for the exercise of the power of superintending .....

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Nov 26 2015 (SC)

State of H.P. and Ors. Vs. Ashwani Kumar and Ors.

Court: Supreme Court of India

Decided on: Nov-26-2015

..... for the purpose of calculating the permissible area 13 by reading the plain language of section 4 it provides that the landowner may be a ..... judgment it appears that the high court has completely departed from the plain language used in section 4 of the said act the high court ..... has committed serious error of law in holding that if a wife holds land separately in .....

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