Patent Error - Law Dictionary Search Results
Home Dictionary Name: patent errorPatent 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....
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....
Apparent error
Apparent error, an apparent error means a patent mistake, an error which one could point out without any elaborate argument, Karam Chand Thapar v. State of Uttar Pradesh, AIR 1976 SC 2101 (2107): (1976) 4 SCC 257 (263)....
Any mistake apparent from record
Any mistake apparent from record, cannot be defined scientifically, precisely or exhaustively and should be determined in the light of the fact and circum-stances of each case. It is well-settled that an error can be said to be an error apparent on the face of the record, if it is patent, manifest or self-evident. If one has to travel beyond the record to see whether the judgment or order is correct or not, the error cannot be described as an error apparent on the face of record, M. Ahammedkutty Haji v. Tahasildar Kozhikode, Kerala, (2005) 3 SCC 351.Means an error can be said to be an error apparent on the face of record, if it is patent, manifest or self-evident. If one has to travel beyond the record to see whether the judgment or order is correct or not, the error cannot be described as an error apparent, on the face of the record, M. Ahamadekutty Haji v. Tahsildar, (2005) 3 SCC 351 (359). [Kerala Building Tax Act, 1975 (7 of 1975), s. 15(1)]...
Rectification
Rectification, implies the correctness of an error or removal of defects or imperfections. It implies prior existence of error, mistake, or defect, which after rectification is made right, and corrected by removal or the flaws, Benarsi Dass Saraf v. Dalmia Dadri Cement Ltd., (1967) 37 Comp Cas 440: AIR 1959 Punj 232.Rectification. The power to rectify a written document which, as drawn out, does not express the mutual and concurrent intention of the parties, is a power which the Courts of equity always possessed; but such jurisdiction is exercised with the greatest care and caution, and only on evidence of the clearest and most satisfactory description. Rectification has been made in almost every kind of instrument, e.g., in marriage settlements, Cogan v. Duffield, (1876) 2 Ch D 46; in agreements concerning land, Olley v. Fisher, (1886) 34 Ch D 367; in conveyances White v. White, (1872) LR 15 Eq 247; and in leases Cowan v. Truefitt, Ltd., (1899) 2 Ch 309. As to wills, see Vaughan v. Cl...
Original Writ or Original
Original Writ or Original [breve originale, Lat.], was the beginning or foundation of a real action at Common Law. It is also applied to processes for some other purposes.It was a mandatory letter issuing out of the Common Law or ordinary jurisdiction of the Court of Chancery (see now CHANCERY), under the Great Seal, and in the sovereign's name, addressed to the sheriff of the county where the injury was committed, containing a summary statement of the cause of complaint, andrequiring him to command the defendant to satisfy the claim, and, on his failure to comply, then to summon him to appear in one of the superior Courts of Common Law. In some cases it simply required the sheriff to enforce the appearance. Original writs differed from each other in their tenor, according to the nature of the plaintiff's complaint, and were conceived in fixed and certain forms. Many of these are of a remote antiquity; others are of later origin, and their history is as follows:-The ancient writs had p...
Attorney-General
Attorney-General, a great officer of state appointed by letters-patent, and the legal representative of the Crown in the Supreme Court. He is also ex-officio head of the bar for the time being. He exhibits informations, prosecutes for the Crown in criminal matters and in revenue causes, and used to grant fiats for writs of error until they were abolished by s. 20 of the (English) Criminal Appeal Act, 1907, His fiat or consent is required before certain proceedings or prosecutions can be commenced (see, e.g., (English) Public Bodies Corrupt Practices Act, 1889, and Prevention of Corruption Act, 1906). In many cases also (see e.g., (English) Lunacy Act, 1890, s. 325; (English) Public Health Act, 1936, s. 298; (English) Public Health (Officers) Act, 1884; (English) Public Health (Members and Officers) Act, 1885; Official Secrets Act, 1911, s. 8), his consent is necessary before penalties can be recovered. His fiat is necessary for certain appeals to the House of Lords. See (English) Appel...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
assign
assign 1 : to transfer (property or rights) to another [the general practice by inventors of ing patent rights "J. K. Owens"] 2 : to appoint to a post or duty [ed to represent the defendant] 3 : to fix or specify in relationship or correspondence [no party may as error the giving or the failure to give an instruction unless that party objects thereto "Federal Rules of Civil Procedure Rule 51"] as·sign·abil·i·ty [ə-sī-nə-bi-lə-tē] n as·sign·able [ə-sī-nə-bəl] adj as·sign·or [ə-sī-nər] n n : assignee ...
Mistake apparent on the record
Mistake apparent on the record, A 'mistake apparent on the record' must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. A decision on a debatable point of law is not a mistake apparent from the record. The power of the officers mentioned in s. 154 of the Income-tax Act, 1961 to correct 'any mistake apparent from the record' is undoubtedly not more than of the High Court to entertain a writ petition on the basis of an 'error apparent on the face of the record', T.S. Balram, Income Tax Officer v. M/s. Volkart Brothers, AIR 1971 SC 2204 (2206): (1971) 2 SCC 526: (1972) 1 SCR 30. (Income-tax Act, 1961, s. 154)(ii) For finding out whether there is a mistake apparent on the record, the authority has to look to the amended law and not to the law that was in force at the time the original order was made, Commercial Tax Officer v. Shri Venkateswara Oil Mills, AIR 1973 SC 13...
- << Prev.
- Next >>