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Monday, February 27, 2017

Citations- ERROR APPARENT ON THE FACE OF RECORD

ERROR APPARENT ON THE FACE OF RECORD

Syed Yakub v. K.S.

Radhakrishnan

1964 SC 477

(Para 8)

What is an error apparent on record,

namely, whether there is an error

law, refusal to admit evidence,

findings on facts based on no

evidence; where a Tribunal

exercises jurisdiction in excess or

fails to exercise jurisdiction vested in

it and where jurisdiction is exercised

arbitrarily and illegally, like in

violation of principles of natural

justice.

ALTERNATIVE REMEDY

Party’s name Citation Strength

of

Bench

Ratio laid down

Ramesh Thapar v.

State of Madras

AIR 1950 SC 124 Existence of alternative remedy is

no bar for invoking Article 32 or

Article 226 of the Constitution.

K.K. Kochunni v.

State of Madras

AIR 1959 SC 725

Para 8

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