Court : Chhattisgarh
Reported in : 2008(1)MPHT13(CG)
..... the contents of the impugned order as also the other documents filed along with the petition, it does not appear that the order passed by the special judge can be classified either as an order which causes miscarriage of justice or palpably illegal or unjustified warranting interference under section 482. cr.pc.15. ..... in view of sub-section (2) of section 397, cr.pc, but, that never prohibits the high court to exercise its inherent jurisdiction saved under section 482, cr.pc for securing the ends of justice against the order, which causes 'a miscarriage of justice' or is 'palpably illegal' or is 'unjustified'. ..... the apex court finally ruled that it cannot be denied that for securing the ends of justice, the high court can interfere with the order which causes miscarriage of justice or is palpably illegal or is unjustified. ..... he reminds the principle that the nomenclature of the petition makes no difference and unfettered jurisdiction of the high court saved under section 482, cr.pc can well be invoked to prevent the miscarriage of justice. ..... filed as criminal revision but it may be treated as the petition under section 482, cr.pc and even if the order of grant of bail was an interlocutory order, the high court can interfere with the order, which causes miscarriage of justice. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2003(2)MPHT65(CG)
..... opinion that it is a fit case in which this court should exercise its suo motu powers for treating this petition as revision petition under section 397 read with section 401 of the cr.pc in order to remedy the miscarriage of justice which may otherwise arise because the criminal case no. ..... and the idea is to correct miscarriage of justice which may arise from misconception of law, or irregularity or procedure, or neglect of proper precaution or apparent harassment and the like'.11. ..... power of revision suo motu and when the attention of the high court is drawn to a clear illegality, the high court could not have rejected the petition as time barred thereby perpetuating the illegality and miscarriage of justice. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007CriLJ3252
..... the apex court further said that the paramount consideration of the court is to ensure that miscarriage of justice is prevented, a miscarriage of justice which may arise from acquittal of the guilt is no less than from the conviction of an innocent. ..... moreover, it also does not appear to me a case, in which, either admissible evidence is ignored or a case where interference is required to prevent the miscarriage of justice. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008CriLJ2668
..... besides, should the dying declaration be excluded it will result in miscarriage of justice because the victim being generally the only eyewitness in a serious crime, the exclusion of the statement would leave the court without a scrap of evidence. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : I(2002)DMC324
..... the high court notices that there has been failure of justice or misuse of justice or judicial mechanism or procedure, sentence or order is not correct, it is but the salutary duty of the high court to prevent the abuse of process or miscarriage of justice or to correct irregularities/incorrectness committed by subordinate criminal courts in its juridical process or illegality of sentence or order.47. ..... the object of section 483 and the purpose behind conferring the revisional power under section 397 read with section 401, upon the high court is to invest continuous supervisory jurisdiction so as to prevent miscarriage of justice or to correct irregularity or the procedure or to meet out the justice. ..... it tantamounts to miscarriage of justice and abuse of process of law. ..... recognised rules of criminal jurisprudence and that its subordinate courts do not exceed the jurisdiction or abuse the power vested in them under the code or to prevent abuse of the process of the inferior criminal courts or to prevent miscarriage of justice. ..... high court is still available under section 482 of the code and as it is paramount power of continuous superintendence of the high court under section 483, the high court would be justified in interfering with the order leading to miscarriage of justice. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2010CriLJ818
..... learned counsel appearing for the appellants submit that the judgment of the trial-court is not only perverse, bad and contrary to law but also is manifestly wrong, leading to a grave miscarriage of justice. .....
Tag this Judgment!Court : Chhattisgarh
..... to have granted an opportunity to file an application for condonation of delay in filing the appeal and would further submit that rejection of the appeal without affording an opportunity of hearing to file an application for condonation of de lay has resulted in miscarriage of justice. 6. ..... lordship of supreme court, it is held that the order of the appellate court dismissing the appeal barred by limitation without affording an opportunity to the applicants to file an application for condonation of delay in filing the appeal has resulted in miscarriage of justice. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2012(4)LLN638
..... and others8, has held that purpose of rules of natural justice is not to administer justice alone but to prevent miscarriage of justice. 15. ..... union of india, the aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. 27. .....
Tag this Judgment!Court : Chhattisgarh
..... evey error need not be corrected in supervisory jurisdiction but only those which lead to gross miscarriage of justice while the certiotari jurisdiction is much more wider. .....
Tag this Judgment!Court : Chhattisgarh
..... only to cases where orders are passed by inferior courts or tribunals or authorities in excess of their jurisdiction or as a result of their refusal to exercise jurisdiction vested in them or they act illegally or improperly in the exercise of their jurisdiction causing grave miscarriage of justice. .....
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