Jamai Of Law (propra) 02 May 2011

Pls Help with Examples:'Error on the face of record'

What is 'Errors (of law, procedure, facts) apparent on the face of the record'

Can anybody give good examples of the above which are accepted, so far, by hon courts in India, in 'review' as well as 'judicial review' proceedings.

A few things which are said about above are as:-

1. Error should be glaring, self evident, manifest and does not require a long drawn process to explain.

2. Also It should not look like an 'appeal in disguise' directly.

3. OR There must be an occurance of wrongly used jurisdiction (either underused or exceeded in it)

But unfortunately there are no good examples available, of such 'errors on the face of record'!!

Almost all citations seems to be only narrating the above worn-out definition of 'Error .........'

But at the end, all these citations opine that 'it doesn't look like an Error on the face of record' ....then what looks like 'an error on the face of record'?

Also .............Is it an Error committed by other party or .................. an Error committed by the Hon'ble Court?

Pls Advise, Regards

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1 Replies

Tajobsindia (Senior Partner ) 03 May 2011

@ Author

Your que. is a long answerable que. yet a very generic devoid of much illustration based for your own understanding unless specific matter / instance from a case brief are reproduced here and then asked what is in it? A error of record or facts or law ? However let me volunteer and do a snippet of natural justice since a interesting question raised here J

I have a hunch feeling that your que. is relating to Art. 226 COI especially that under Writ of Certiorari in order to quash an error of fact, even though it may be apparent on the face of the record. It can do so only where the error is one of law and that is apparent on the face of the record. Any error of law or fact which it can correct as a court of appeal or revision cannot be a ground for the exercise of its power under that Art. Us my blunt view.