Fundamental Error - Law Dictionary Search Results
Home Dictionary Name: fundamental errorfundamental error
fundamental error see error ...
error
error : an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or making findings in a case [to compel to conclusion that a manifest has been done "Moses v. Burgin, 445 F.2d 369 (1971)"] often used without an article [had been to give the jury special interrogatories "K. A. Cohen"]; see also assignment of error, clearly erroneous NOTE: Generally a party must object to an error at trial in order to raise it as an issue on appeal. clear error : an error made by a judge in his or her findings of fact which is such that it leaves the reviewing court with the firm and definite conviction that a mistake has been made NOTE: A clear error may or may not warrant reversal. fundamental error : plain error in this entry used esp. in criminal cases harmless error : an error that does not affect a substantial right or change the outcome of a trial a...
Fundamental right
Fundamental right, is protected and guaranteed by the written Constitution of a State, Commentary or the Constitution of India, Vol. 1, p. 126.Part III of the Constitution deals with fundamental rights. These are paramount to ordinary State-made laws, A.K. Gopalan v. State of Madras, 1950 SCR 76.Any State Act, which is repugnant to such rights is void, Mahendra v. State of Uttar Pradesh, AIR 1963 SC 1019.Fundamental rights, a right becomes a fundamental right because it has foundational value. Fundamental right is a limitation on the power of State. If is not to be regarded as a gift from State to its citizens but possessed by an individual independently by reason of basic fact that they are members of human race, M. Nagaraj v. Union of India, 2006 (8) SCC 212: 2006 (9) JT 191: 2006 (10) SCALE 301: 2006 (8) Supreme 89: 2006 (8) SLT 1: 2006 (8) SCJ 457 [Constitution of India, Arts. 14 to 30]...
Clerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
Clerical or arithmetical error
Clerical or arithmetical error, A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which the the court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing, Sooraj Devi v. Pyare Lal, (1981) 2 SCR 485: (1981) 1 SCC 500: AIR 1981 SC 736 (738). [Criminal Procedure Code (2 of 1974) s. 362]...
fundamental right
fundamental right : a right that is considered by a court (as the U.S. Supreme Court) to be explicitly or implicitly expressed in a constitution (as the U.S. Constitution) NOTE: A court must review a law that infringes on a fundamental right under a standard of strict scrutiny. A fundamental right can be limited by a law only if there is a compelling state interest. ...
Fundamental duties
Fundamental duties, are certain obligations on the part of a citizen which he or she owes towards the State so that the individual may not overlook his duties to the community while exercising his fundamental right or commit wanton destruction of public property or life, Shorter Constitution of Durga Das Basu, p. 465.Since they are not addressed to the State, a citizen cannot claim that he must be properly equipped by the State for performing his fundamental duties, Head Masters, Association, West Bengal v. Union of India, AIR 1983 Cal 55....
An error apparent on the face of the proceedings
An error apparent on the face of the proceedings, is an error which is based on clear ignorance or disregard of the provisions of law. Such error is an error which is patent error and not a mere wrong decision, Lily Thomas v. Union of India, (2006) 6 SCC 224; T.C. Basappa v. T. Nagappa, AIR 1954 SC 440....
Patent error
Patent error, a patent error is an error which is self-evident, i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn process of reasoning. Where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent, Surya Dev Rai v. Ram Chander Rai, AIR 2003 SC 3044 (3056): (2003) 6 SCC 675; see also Ranjeet Singh v. Ravi Prakash, (2004) 3 SCC 682.Means apparent mistakes; such errors can be seen on the face of an instrument, Dictionary of Constitutional and Parliamentary Terms, Lok Sabha Secretariat, 2nd Edn., 2005, p. 322....
Error fucatus nuda veritate in multis est probabilior, et sapenumero rationibus uincit veritatem error
Error fucatus nuda veritate in multis est probabilior, et sapenumero rationibus uincit veritatem error [Lat.], Painted error appears in many things more probable than naked truth; and again and again conquers truth by reasoning....
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