Error Apparent on the face of the record

Error Apparent on the face of the record.

Distinction between Erroneous Decision & Error Apparent:

The Supreme Court in Thungabhadra Industries Ltd v. Govt of Andhra Pradesh, AIR 1964 SC 1372 –

“There is a distinction which is real, though it might not always be capable of exposition, between a mere erroneous decision and a decision which could be characterized as vitiated by error apparent.

A review is by no means an appeal in disguise whereby erroneous decision is reheard and corrected, but lies only for patent error.

Where without any elaborate argument one could point out the error and say here is a substantial point of law which stares one in the face, and there could reasonably be no two opinions entertained about it, a clear case of error apparent on the face of the record would be made out.”

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s