LAWS(ALL)-1956-4-15

REGISTRAR UNIVERSITY ALLAHABAD Vs. ISHWARI PRASAD

Decided On April 23, 1956
REGISTRAR, UNIVERSITY, ALLAHABAD Appellant
V/S
ISHWARI PRASAD Respondents

JUDGEMENT

(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 :

(3.) In 'Rex v. Nat Bell Liquors', 1922-2 AC 128 (B), Lord Sumner stated, at page 155 of the Report: