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Management of Kallayar Estate, Jay Shree Tea and Industries Ltd. Vs. C ...

Court : Chennai

Reported in : [1999(81)FLR639]; (1999)ILLJ180Mad; (1998)IIIMLJ315

..... case, section 3 of the act defines 'maternity benefit' to mean the payment referred to in sub-section (1) of section 5.section 3(j) defines 'miscarriage' to mean expulsion of the contents of a pregnant uterus at any period prior to or during the twenty- sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the indian penal code (45 of 1860)section 4 stipulates that no employer shall knowingly employ a woman in ..... 5 and held that in order to claim leave for maternity, a woman worker should have worked for 160 days in the 12 calendar months immediately preceding the date of miscarriage;(iii) the first respondent ought to have held that when the act has not made any difference between miscarriage and delivery, there is no warrant to make a distinction in the matter of delivery, the condition for entitlement on benefit between ..... to the petitioner management and after availing 6 weeks leave she reported for duty and made a claim for leave wages at the rate of maternity benefit for the miscarriage period of six weeks and also leave with wages for one month under section 10 of the act. ..... me through the relevant provisions of the maternity benefit act, 1961 has raised the following contentions:(i) inasmuch as the maternity benefit act has treated delivery and miscarriage on the same footing, there is no justification to treat miscarriage on better terms than delivery, accordingly the order of the first respondent is liable to be set aside. .....

Dhanani Shoes Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... when, as a result of misunderstanding of fact or law by a court, a mistake has crept in a decision and the court finds that the error is apparent on the face of the record and/or that the error has caused miscarriage of justice or would cause, unless corrected, miscarriage of justice, such an error can, and must, be corrected by exercising the power of review and, for this purpose, the doctrine of 'actus curiae neminem gravabit' can also be invoked. ..... this, in turn, shows that if, as a result of misunderstanding of fact or law by a court, a mistake has crept in, which the court finds would cause or has caused miscarriage of justice, such an error can, and must, be corrected by exercising the power of review and, for this purpose, the doctrine of 'actus curiae neminem gravabit' can also ..... court discovers that a decision, rendered by it, was actually based on assumption of a fact, which was non-existent, and that the court's adherence to such a decision, which was based on non-existent fact, would result in miscarriage of justice, the court cannot be prevented from rectifying its own error, because an act of court, it is trite, shall prejudice none. ..... provision of law or had acted on a misconception of law and that the error, so crept in, was, as a result of subsequent event or otherwise, apparent on the face of the record, and that such error had caused, or would cause, miscarriage of justice, such a reason would be a 'sufficient reason' calling for exercise of the power of review.29. .....

Dy. Commissioner of Income Tax Vs. State Bank of India and ors.

Court : Supreme Court of India

Reported in : 2009(57)BLJR475; (2008)221CTR(SC)14; [2009]308ITR1(SC); JT2009(1)SC208; 2008(15)SCALE414; (2009)2SCC451; [2009]176TAXMAN116(SC)

..... this court also held that special court cannot sit in appeal over the order of tax assessment but in case of any fraud, collusion or miscarriage of justice in the assessment proceedings where tax assessed is disproportionately high in relation to funds available, the special court could scale down the tax liability to be paid in ..... it was further submitted that for this purpose the special court can examine whether there is any fraud, collusion or miscarriage of justice in assessment proceedings and that since in the present case the revenue has raised a fanciful claim of an alleged income of the assessee, to the tune of ..... the banks continued to have an existing right on the aforesaid amount which is required to be released in terms of the decrees which are obtained by the banks and the non-release of the said amount would amount to miscarriage of justice.however, the fact that decrees have been obtained by the banks in respect of the certain dues of harshad s. ..... mehta as his income was, in fact, money belonging to the banks and therefore there is a miscarriage of justice as the income tax department has considered the said amount/sum to be the income of ..... as `sbi') and also by other banks including standard chartered bank (hereinafter referred to as `scb') before the special court seeking for direction to scale down the priority demand on the ground that there was gross miscarriage of justice in making an order of assessment in the case of the notified party, namely, harshad mehta. .....

Vatchhalabai Maruti Kshirsagar Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1993CriLJ702; 1993(1)MhLj971

..... the issue canvassed in this appeal centres around the question as to whether the accused, who undoubtedly attempted to cause a miscarriage of a pregnant woman, but was unsuccessful in the process, and was convicted for the death of the person was rightly held guilty, when it was demonstrated that the girl ..... section 314 of the indian penal code prescribes that if an act is done with the intent of causing the miscarriage of a woman with a child, and it results in the death of such woman, that the accused shall be punished in ..... the courts have held that even in a situation where a poisonous drug was administered to a woman to procure miscarriage and it was not proved that the accused knew that the drug was likely to cause death, that it still constituted an offence under this section (see kalachand ..... strongly is that the evidence will have to be quite conclusive in establishing both aspects, namely, the fact that a particular act was done for purposes of causing a miscarriage and that it was that very act which ultimately caused the death of the woman. ..... death does occur, but it is demonstrated that it was due to supervening extraneous or unconnected factors, the mere fact that the accused was responsible for the miscarriage at an earlier point of time, though in close proximity, would not fasten any such liability. 13. ..... is abundantly clear that it foists on a person who, in the course of inducing a miscarriage, does an act which results in the death of a woman, the liability for such .....

Pramatha Nath Taluqdar Vs. Saroj Ranjan Sarkar

Court : Supreme Court of India

Reported in : AIR1962SC876; [1962]Supp2SCR297

..... , therefore, who receives a complaint in a case where there has been a previous order of dismissal or discharge, not to issue process, unless he is plainly satisfied that there has been some manifest error or manifest miscarriage of justice, or unless new facts are adduced which the complainant had not knowledge of or could not with reasonable diligence have brought forward in the previous proceedings.' 32. ..... noticed that in the test thus laid down the exceptional circumstances are brought under three categories; (1) manifest error, (2) manifest miscarriage of justice, and (3) new facts which the complainant had no knowledge of or could not with reasonable diligence have brought forward ..... satisfied that the previous order of dismissal was due to a manifest error or has resulted in a miscarriage of justice, he can entertain a second complaint on the same allegations even though an earlier complaint was ..... on the footing that the magistrate must be satisfied that there was a manifest error or a miscarriage of justice before he can entertain a second complaint on the same facts. 34. ..... fresh complaint can be entertained where there is manifest error, or manifest miscarriage of justice in the previous order or when fresh evidence is ..... complaint completely misdirected himself as to the true scope and effect of sections 203 and 204 of the code of criminal procedure and this, it is contended, resulted in a manifest miscarriage of justice when he dismissed the first complaint under s. .....

Divaliben Vs. Mavjibhai Vasanjibhai Ahir

Court : Gujarat

Reported in : AIR1995Guj151

..... powers under section 76 of the bombay tenancy and agricultural lands act, 1948 (the act for brief) irrespective of the fact whether or not such defect is in consequential and whether or not no miscarriage of justice has occasioned thereby? ..... condition precedent requires the tribunal to see that the substantial defect in following the procedure provided by the act has resulted in miscarriage of justice, it would be incumbent on the part of the revisional applicant to show to the tribunal how not following such procedure had resulted in miscarriage of justice. ..... if there is no miscarriage of justice on account of a substantial defect in following the procedure provided by the act, the tribunal can be said to be overstepping its limits if it upsets the order or orders under challenge before it on that ground ..... , or (c) that there was a substantial defect infollowing the procedure provided by this actor that there has been failure to take evidenceor error in appreciating important evidencewhich has resulted in the miscarriage ofjustice. ..... case the so-called defect in the procedure adopted by the mamlatdar as found by the tribunal can by no stretch of imagination be said to be substantial and by no stretch of imagination it can be said to have resulted in any miscarriage of justice. ..... of revisional powers by the tribunal on the ground of defect in the procedure adopted by the lower authority is that such defect should not only be substantial but it must have resulted in miscarriage of justice. .....

Chhotubhai Vallabhbhai (Decd.) Through His Heirs and Lrs. Dhaniben and ...

Court : Gujarat

Reported in : (1996)2GLR729

..... the defect is substantial and if the error in appreciation of important evidence is found out but if it does not result in miscarriage of justice, ordinarily, the tribunal will be bound and will not be able to exercise its revisional jurisdiction. ..... is further observed that correction of an error in appreciating important evidence which has resulted in the miscarriage of justice cannot be equated with the power to reappreciate the entire evidence. ..... revisional authority under section 76(1) could interfere even in a finding of fact in a given case if there has been an error in appreciating the important evidence resulting into miscarriage of justice by virtue of insertion of aforesaid provision which has widened its scope. ..... that case it is held that the jurisdiction of the revenue tribunal under sub-section (1) of section 76 of the bombay tenancy act is inter alia confined to correction of an error in appreciating important evidence which has resulted into miscarriage of justice. ..... act has undoubtedly widened the scope of jurisdiction of the tribunal and it is entitled, because of the insertion of the words, to interfere if there has been an error 'in appreciating the important evidence' which has resulted into miscarriage of justice. ..... has been a substantial defect in following the procedure as provided in the tenancy act;(ii) that there has been a failure to take evidence;(iii) that there has been an error in appreciating important evidence resulting into miscarriage of justice.10. .....

Samuel James Vs. the Queen

Court : Australia High Court

..... where there was material before the jury raising the partial defence provocation, the failure to leave manslaughter was likely to constitute a substantial miscarriage of justice: the verdict of murder did not gainsay that the jury might have convicted of manslaughter had it been invited to consider the ..... . whether failure of the trial judge to perform his or her duty to direct in respect of a lesser included offence gives rise to a substantial miscarriage of justice such as to warrant allowing an appeal against conviction of the offence charged in a particular case is a question quite distinct from the existence of the ..... secondly, the failure to direct the jury on any included offence that is open, regardless of the conduct of the parties, is a miscarriage of justice: the jury, ignorant of the range of possible verdicts which the law allows, may be driven to convict rather than to acquit the accused outright ..... . consistency with baini requires, as the first step in establishing that the error or irregularity has resulted in a substantial miscarriage of justice, that an appellant convicted of the offence charged show that the jury might have entertained doubt as to guilt of the offence charged had the direction in respect of the lesser included offence been ..... the question of whether the failure to leave an alternative verdict has occasioned a miscarriage of justice is answered by the appellate court's assessment of what justice to the accused required in the circumstances of the .....

Mckenzies Ltd. Vs. State of Mysore (Karnataka) and ors.

Court : Karnataka

Reported in : AIR1978Kant89; 1978(1)KarLJ57

..... as we have recorded a finding to the of effect that it is impossible in this case to take the view that refusal to accord leave under' section 5 of the act will result in substantial miscarriage of justice, it has to be held that the decision of the learned civil judge rendered under section 5 of the act is vitiated by material illegality, justifying interference by this court under section 115(1)(c) of the code of ..... granting leave to the state of mysoreto revoke the authority but permit the arbitrators to proceed with thematter, it could be seen that there would be substantial miscarriage ofjustice, if ultimately, the arbitrators find that the claim is not arbitrable1 then ultimately the entire proceedings before the arbitrator become void abinitio. ..... therefore, no hesitation in taking the view that the learned civil judge was wholly unjustified in holding that refusal to accord leave under section 5 of the act to the first respondent will result in substantial miscarriage of justice on the ground that the procedure prescribed by the arbitrators is likely to result in unnecessary investigation into the merits of the claim by the arbitrators.6. ..... matter to be taken into consideration while deciding an application for according leave under section 5 of the act, particularly having regard to the fact that the court has to bear in mind the question as to whether substantial miscarriage of justice will result in the event of the court refusing to grant leave under section 5 of the act. .....

Bisuntha and ors. Vs. the State of Uttar Pradesh and anr.

Court : Allahabad

Reported in : AIR1954All167

..... in view of the matter the application mustbe allowed: & because the magistrate must be takento be of the opinion that there had been a miscarriage of justice not only with respect to someof the accused persons but also with respect toone out of the two offences said to have beencommitted even by the applicants, we think theproper order to pass in ..... case sub-section (5) of section 85 did not exist, a clear interpretation of the two sections would have been that in the case of miscarriage of justice the officer could cancel or quash the decree or order under section 85, and a general power of revision was conferred by section ..... was further held that the finding acquitting two of the accused amounted to saying that there had been a miscarriage of justice in this case, and the proceedings against all the accused should, therefore, have been quashed ..... it would appear from the above provisions that if there has been a miscarriage of justice or if there is an apprehension of it, the officers mentioned in this section, in their respective spheres, have the jurisdiction to quash the decree or order, or cancel the jurisdiction of the panchayati adalat, as the case ..... panchayat raj act is as follows:85(1) 'if there has been a miscarriage of justice or if there is an apprehension of miscarriage of justice in any case, suit or proceeding the sub-divisional magistrate in respect of any case and the munsif in respect of any suit and the sub-divisional officer in respect of any proceeding under the .....