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1956 Supreme(All) 101

KIDWAI, MEHROTRA
REGISTRAR, UNIVERSITY, ALLAHABAD – Appellant
Versus
ISHWARI PRASAD – Respondent


Advocates Appeared:
M.H.BEG, S.C.KHARE

KIDWAI, J.

( 1 ) I have had the advantage of reading the judgment of my learned brother and I entirely concur. I would, however, like to add a few words as to the meaning to be given to the words "error apparent on the face of the record". I conceive that in the English cases from which this expression has been borrowed the emphasis is not upon the word "error" but upon the words "apparent on the face of the record", that is to say that error must be such as can be ascertained from the record as it exists or should exist.

( 2 ) IN walsall Overseers v. London and North Western Rly. Co/, 1878-4 AC 30 (A), Lord Cairns, lord Chancellor, stated, at_ page 39 :

"if there was upon the face of the order of the Court of Quarter Sessions anything which shewed that that order was erroneous, the Court of Queens Bench might be asked to have the order brought into it, and to look at the order, and view it upon the face of it, and if the Court found error upon the face of it, to put an end to its existence by quashing it. "

( 3 ) IN rex v. Nat Bell Liquors, 1922-2 AC 128 (B), Lord Sumner stated, at page 155 of the report:

"the key of the question is the amount of material stated or to be stated on th

























































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