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 held that --
“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.”
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