CiteTEXT
...through the depositions of some of the witnesses to buttress their submission that the Court of Session has overlooked material evidence which has resulted in manifest illegality and gross miscarriage ...at the same time, it is the duty of the court to correct manifest illegality resulting in gross miscarriage of justice.5. More than half a century ago, in...to prevent gross miscarriage of justice and not to be ordinarily used merely for the reason that the trial court has misappreciated the evidence on record.6. In...
...otherwise tantamount to gross miscarriage of justice. On scrutinizing the impugned judgment of the High Court from the aforesaid standpoint, we have no hesitation to come to the conclusion that the High..., the jurisdiction is one of supervisory jurisdiction exercised by the High Court for correcting miscarriage of justice. But the said revisional power cannot be equated with the power of an appellate...G.B Pattanaik, J.— The State of Kerala is in appeal against the judgment dated 4-2-1994 of the Kerala High Court in Criminal Revision Petition No. 521 of 1988. By the impugned...
...and ordering a retrial, there must exist a manifest illegality in the judgment of acquittal or a gross miscarriage of justice. An interference in revision with an order of acquittal can only take ....
290
are that there must exist a manifest illegality in the judgment of the Court of Session ordering the acquittal or there must be a gross ...
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4
PETITIONER:
MAHENDRA PRATAP...
...conclusion on the same unless any glaring feature is brought to the notice of the High Court which would otherwise tantamount to gross miscarriage of justice.12. We find...that the revisional jurisdiction is one of supervisory jurisdiction exercised by the High Court for correcting miscarriage of justice. But the said revisional power cannot be equated with the power of...Dr. Arijit Pasayat, J.— Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court dismissing the criminal revision filed by the...
...miscarriage of justice or for finding out that whether there has been violation of the principles of natural justice which vitiates the entire proceedings or that the authority exercising the juri...rules or can be said to be in violation of the principles of natural justice or can be said to be without jurisdiction, it would be impermissible for the High Court to interfere with the conclusion on the...under Article 226 but that would be for a limited purpose of finding out whether there has been infraction of any mandatory provisions of the Act prescribing the procedure which has caused gross...
...gross miscarriage of justice. (See Satyendra Nath Dutta v. Ram Narain (1975) 3 SCC 398...exercised lightly and that it can be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality or the prevention of a...Y.V Chandrachud, J.— The narrow question for consideration in this appeal by special leave is whether in the exercise of its revisional powers under Section 439 of the Code of...
...Judge for discarding the testimony of PWs 6 and 7 and having arrived at the conclusion that those reasons are in the realm of conjectures and there has been gross miscarriage of justice and the...it would be just and proper for the High Court to reverse the judgment of acquittal, recorded by the Sessions Judge, as otherwise, there would be gross miscarriage of justice. Bearing in mind the...G.B Pattanaik, J.— This appeal by the four accused persons is under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment of the...
...correction of a manifest illegality, or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower court has taken a wrong view ...revision and to order a retrial. They are that there must exist a manifest illegality in the judgment of the Court of Session ordering the acquittal or there must be a gross miscarriage of justice...to manifest illegality resulting in gross miscarriage of justice.”It was, therefore, relevant in the fact situation obtaining therein...
...suffered from fatal defects. Firstly, because the enquiry conducted by the enquiry officer was unfair and had resulted in gross miscarriage of justice on account of the failure of the enquiry offi...authority to pass a fresh order or the disciplinary authority for re-examination and fresh determination of the respondent's guilt would not only be harsh but would tantamount to denial of justice to him...violation of principles of natural justice, as is alleged to be the position in the present case. Non-application of mind by the enquiry officer or the disciplinary authority, non-recording of...
...illegality or the prevention of gross miscarriage of justice. The High Court will not be justified in interfering with an order of acquittal merely because the trial court has taken a wrong view ...reappreciate the evidence to reach a finding different from the trial court. In the absence of manifest illegality resulting in grave miscarriage of justice, exercise of revisional jurisdiction in...High Court will ordinarily not interfere in revision with an order of acquittal except in exceptional cases where the interest of public justice requires interference for the correction of a manifest...
..., or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower court has taken a wrong view of the law or misappreciated the...Justice Sen of the High Court of Judicature at Fort William in Bengal, directing a retrial of the appellant D. Stephens, who had been acquitted by the Chief Presidency Magistrate of contravening the...on the ground that the jurisdiction to direct a retrial was so exercised in the case as to constitute an infringement of the essential principles of justice.5. Before...
...findings of fact reached by the High Court, unless exceptional and grave circumstances exist, or forms of legal process have been disregarded or otherwise there has been a gross miscarriage of ...judgments of acquittal on a mere re-appreciation of evidence. But if there are glaring infirmities in the judgment of the High Court resulting in a gross miscarriage of justice, it is the...by the High Court which led to serious errors and to the consequent miscarriage of justice. Shri Prithvi Raj submitted that where, as here, the High Court reverses a conviction on conjectures and not...
...prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower court has taken a wrong view of the law or misappreciated the evidence on...system” — resultantly only in the event of a glaring defect in the procedural aspect or there being a manifest error on a point of law and thus a flagrant miscarriage of justice, exercise of revis...exceptional cases, when there is some glaring defect in the procedure or there is a manifest error on a point of law and consequently there has been a flagrant miscarriage of justice. Sub-section (4) of Se...
...miscarriage of justice, if the informants, who are the most aggrieved persons are not permitted to assist the Public Prosecutor in conducting the trial. It has been held by this Court that an...jurisdiction under Section 482, the High Court had dismissed the same on the ground of locus. According to the petitioners, who happened to be the wife and brother of the deceased, there will be a gross...OrderHeard the learned counsel for the petitioners and Mr Qamaruddin appearing for the accused persons and Mr Jain appearing for the State of Rajasthan. The sole grievance...
...“which no reasonable person could have taken. It was a wholly erroneous view of the evidence which has resulted in gross miscarriage of justice inasmuch as a murderer escapes punishment”. In the...Kapur, J.— The appellant along with one Qudrat Ullah was tried for the murder of one Sabir. The latter was tried under Section 302 read with Section 114 of the Indian Penal...Code for abetment, and the former under Section 302 of the Indian Penal Code. Both the accused were acquitted by the learned Sessions Judge of Bareilly. But the State took an appeal to the Allahabad...
...infraction has caused a gross miscarriage of justice.6. Coming now to the second question, the law is fairly well settled that in a case of circumstantial evidence...G.B Pattanaik, J.— This appeal by the State of Tamil Nadu is directed against the judgment of the Division Bench of Madras High Court, against the acquittal of the respondent...in Death Reference Case No. 2 of 1995, arising out of Sessions Case No. 169 of 1994. The learned Sessions Judge convicted the accused respondent of the charge under Section 302 for having murdered his...
...miscarriage of justice. The Court had also observed that social stability and order is required to be regulated by proceeding against the offender as it is an offence against society as a whole. Bearing in mind...against the interest of justice and cannot be held to be an abuse of process of court as concluded by the High Court.5. Mr U.R Lalit, appearing for accused Kuttan and...prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible...
...prosecution. He has, therefore, submitted that there has been gross miscarriage of justice so far as the appellant is concerned and this appeal should be allowed and the impugned order of conviction passed...Order1. This appeal is directed against the judgment of the Division Bench of the Madhya Pradesh High Court at Jabalpur dated 29-11-1985 in Criminal...Appeals Nos. 326 and 327 of 1980. Criminal Appeal No. 326 of 1980 was preferred by the State of Madhya Pradesh against the accused Gulab Chand and 7 other accused. Criminal Appeal No. 327 of 1980 was...
...comes to the conclusion that otherwise it would be gross miscarriage of justice to allow the proceedings. At this stage, the Court is required to examine the materials on record and come to the...Justice is requested to place the matter before a Judge other than the Judge who has passed the impugned order. The S.L.P. stands disposed of accordingly....Acts/Rules/Orders: Code of Criminal Procedure (CrPC) - Section 482Disposition: Disposed offORDER1. Informant is the Petitioner against an...
...lightly interfere with the discretion of the Consolidation Officer, unless the order sought to be revised is clearly errroneous or is likely to cause gross miscarriage of justice. Such was not the case...R.S Sarkaria, J.— We have heard learned counsel for the parties. Counsel for the appellant has raised two contentions:(1) That the order of the...Consolidation Officer was appealable under Section 11 of the Act.(2) In any case, the Director of Consolidation had exceeded his jurisdiction under Section 48...