AI Overview...
-
Apparent Error - The courts consistently emphasize that review or correction is permissible only if there is an error apparent on the face of the record, meaning a clear, visible mistake that does not require extensive re-argument or re-evaluation of evidence M.C. NANDAN vs THE TRICHUR URBAN CO-OPERATIVE BANK - Kerala, M K ANOOP vs UPPOT KOTTAYI PANKAJAVALLY - Kerala, CUSTODIAN OF ENEMY PROPERTY FOR INDIA vs JOSHI THOMAS - Kerala, Art Housing Finance (India) Limited vs DCIT, Circle 3(1) - Income Tax Appellate Tribunal.
-
Scope of Review - Under Order XLVII and CPC Section 152, review is limited to errors that are obvious and apparent, such as typographical mistakes or clear legal errors, rather than issues requiring detailed re-examination M K ANOOP vs UPPOT KOTTAYI PANKAJAVALLY - Kerala, M.C. NANDAN vs THE TRICHUR URBAN CO-OPERATIVE BANK - Kerala.
-
No Error Found - Multiple judgments state that the orders or judgments do not suffer from errors apparent on the face of records, leading to dismissal of review petitions or applications for correction M.C. NANDAN vs THE TRICHUR URBAN CO-OPERATIVE BANK - Kerala, K. BALAKRISHNAN vs SREEDHARAN NAIR - Kerala, Art Housing Finance (India) Limited vs DCIT, Circle 3(1) - Income Tax Appellate Tribunal.
-
Easements and Property - In property law, easements must be continuous and apparent to be presumed or recognized; non-apparent easements or rights not clearly visible are generally not presumed to exist without explicit documentation Pakeer Pitchi Reddy VS Pakeer Papi Reddy - Andhra Pradesh, Ram Narain Shaha VS Kamala Kanta Shaha - Calcutta.
-
Specific Case References - The High Court of Allahabad and other courts have relied on the principle that only errors clearly visible on the record justify review or correction, as seen in decisions involving tax credits, property vesting, and legal errors Shyam Sundar Sita Ram Traders VS State Of U. P. - Allahabad, M/s. Geeta Ganesh Promoters Private Limited vs Union of India & Ors. - Calcutta.
Analysis and Conclusion:
Courts maintain a strict standard that only errors apparent on the record—those that are obvious and do not require detailed analysis—are grounds for review or correction. This principle ensures finality and prevents re-litigation based on subtle or complex legal issues. The consistent application across various cases underscores that review is not a tool for re-arguing or re-assessing evidence but is limited to correcting clear mistakes visible on the face of the record.
Search Results for "It is Apparent from the"
2025 Supreme(Online)(Ker) 48575 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
Corporation Ltd. regarding compensation calculation - The Court found that the review was an attempt to reargue the case, as no apparent ... ... ... Findings of Court: ... No ground was found to review the previous judgment as it did not demonstrate an error apparent on ... ... ... (B) Review Jurisdiction - Scope of review power under Order XLVII - Review is limited to grounds of new evidence, error apparent ... The learned counsel for the 1st respondent would submit that there is no error apparent on the face of th....
2018 Supreme(Online)(KER) 362 • India - High Court of Kerala
K.P.JYOTHINDRANATH, J
Correction - Civil Procedure - CPC Section 152 - The court clarified the applicability of Section 152 in correcting errors apparent ... Finding of the Court: The higher court found that errors which are apparent on the face of the records can be reviewed ... Ratio Decidendi: Mistakes apparent on the face of the record can be corrected by the court that made the decree, irrespective ... the other side, this petition is disposed, directing the lower court that if a review petition is filed with delay condonation petition, it shall be con....
2025 Supreme(Online)(Ker) 44219 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
2004 0 Supreme(Bom) 1574 • India - Bombay
F.I.REBELLO
The order of the tribunal does not suffer from any error of law apparent on the face of record. In the light of that rule discharged. No order as to costs. Order accordingly.
• India - Andhra Pradesh
L.NARASIMHA REDDY
is one of necessity a person to whose share certain property falls is entitled to easement apart from any question of its being apparent ... merely one necessary for enjoying share of latter as it was enjoyed when partition took effect then such an easement should be apparent ... The section reads as under: “Section 5: Continuous and discontinuous, apparent and non-apparent easements:— Easements are either continuous or discontinuous, apparent or non-apparent. ... An apparen....
1899 0 Supreme(Cal) 53 • India - Calcutta
RAMPINI, BANERJEE
A way is not a continuous or apparent easement. ... Easement - Right of Way - Limitation Act, 1877 - Section 26 - Presumption of Grant - Continuous and Apparent Easements - Burden ... Decidendi: The court held that the presumption of a grant of easement upon severance of a heritage applies primarily to continuous and apparent ... The presumption in favour of the grant of an easement upon the severance of a heritage by its owner into two or more parts arises primarily with reference only to continuous and apparent easemen....
2023 0 Supreme(All) 1814 • India - Allahabad
PANKAJ BHATIA
Be that as it may, from the perusal of the order passed in appeal as well as the order cancelling the registration, it is apparent that the respondents have committed error while deciding the issue on the ground that several firms were availing wrong ITC credit and were essentially bogus firms. ... He places reliance on the judgments of this Court in the case of DRS Wood Products Lucknow vs State of U.P. and others, decided on 05.08.2022 in Writ-C No.21692 of 2021 and in the case of Apparent Marketing Private Limited vs State of U.P. and others, decided on....
• India - Appellate side
T.S. SIVAGNANAM, CJ, HIRANMAY BHATTACHARYYA, J
For the same proposition, reliance was placed on the decision of High Court of Allahabad in Apparent Marketing Pvt. Ltd. vs. State of U.P. reported in 2022(59)G.S.T.L. 399 (All.) ... Equally is the decision in the case of Apparent Marketing Pvt. Ltd. (supra) and Delta International Ltd. (supra). 10.
2014 Supreme(Online)(KER) 26390 • India - High Court of Kerala
A.M.SHAFFIQUE, J
Framework List - The court dismissed a review petition clarifying that property vesting requires governmental notification, and no apparent ... Issues: Whether the original judgment contained any apparent errors that warranted a review regarding the scope of statutory ... Ratio Decidendi: The court held that the grounds for review did not present any mistakes apparent on the face of the record ... It is contended that there are certain apparent errors or mistakes in the judgment which requires to be corrected. 2. ... A....
2025 Supreme(Online)(ITAT) 4845 • India - Income Tax Appellate Tribunal (Delhi Bench)
Shri Mahavir Singh, VP, Shri Amitabh Shukla, AM
on record not established - Tribunal found no apparent mistake and dismissed the application. ... ... ... Issues: Whether the Appellant could prove an apparent mistake in the Tribunal’s order? ... Income Tax Act, 1961 - Section 254(2) - Miscellaneous Application seeking recall of Tribunal's order - Appellant's claim of mistake apparent ... It is well settled that an oversight of a fact cannot constitute an apparent mistake rectifiable under this section. ... , hence, the same do not require any rectification, as there ....
Filter by Legal Phrase
