Court : Delhi
Reported in : 2008(105)DRJ250
..... as regards the preliminary objection to the maintainability of the present petition, mr.khan submits that the power under section 482 crpc can be exercised by this court to prevent a grave miscarriage of justice notwithstanding that a revision petition may have been dismissed by the sessions court. ..... the result of the above discussion is that this court will have to determine if as a result of the impugned order there has been a miscarriage of justice or if continuation of the trial in the instant case would be in the interests of justice. ..... of the 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 is justified in interfering with the order leading to miscarriage of justice and in setting aside the order of the courts below. ..... this is not a case where a grave miscarriage of justice has resulted from the framing of charges against the petitioner. ..... ' in para 10 it was explained that 'when the high court on examination of the record finds that there is a great miscarriage of justice or abuse of the process of the courts or the required statutory procedure has not been complied with or there is failure of justice or order passed or sentence imposed by the magistrate requires correction, it is but the duty of the high court to have it corrected at the inception lest grave miscarriage of justice would ensue. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi577
..... (3)the perversity of the decision of the trial court in the present case, the error of law committed by it in placing the burden of proof on wrong shoulders and the consequent miscarriage of justice rendered the trial court decision as a whole as being not 'according to law' within the meaning of section 25 of the provincial small cause courts act, 1887. ..... waman hemraj, air 1938 bom 223, laid down that 'the object of section 25 is to enable the high court to see that there has been no miscarriage of justice, that the decision was given according to law. ..... if, thereforee, the decision of the trial court is contrary to the overwhelming weight of the record, it would be a decision which no reasonable person could arrive at being, a miscarriage of justice and would not be according to law. ..... ' a perverse decision results in miscarriage of justice. ..... the result was that the decision as a whole became perverse and resulted in a grave miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : 46(1992)DLT589; 1992(23)DRJ65; 1992RLR253
..... the main argument of counsel for the petitioner is that there is a miscarriage of justice as the plea of bonafide requirement has not been considered in accordance with law and this court has ample powers to exercise revisional jurisdiction to deal. ..... in this situation, there is clear miscarriage of justice due to misinterpretation of law and erroneous conclusion on facts and this court can certainly satisfy itself on the facts in issue, that the need of the petitioners is bonafide. ..... this obviously has resulted in miscarriage of justice and the court had no jurisdiction to hold that the said plea was nowhere found in the petition. ..... of the hon'ble supreme court held that the revisional powers of the high court, under section 29(3) of the bombay rents hotel and lodging house rates (control) act could only be exercised, if there was miscarriage of justice due to mistake of law. ..... it refers to the overall decision, which must be according to law which it would not be, if there is a miscarriage of justice due to a mistake of law. ..... this test has not been correctly applied by the additional rent controller and this is a clear case of interference in exercise of revisional powers by this court, as any other conclusion would amount to miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : 1985CriLJ154; 1984(7)DRJ12; 1984RLR375
..... failure by the learned court below to examine the accused in respect of some important circumstances particularly regarding the ownership and the previous conviction of the respondent in a similar offence in respect of the same premises has resulted in miscarriage of justice and that since similar miscarriage has occurred and is likely to occur in a large number of such cases the court may examine the point and lay down rule on the subject. ..... in such cases results and is likely to result in miscarriage of justice in a large number of cases we further direct that a copy of this judgment shall be circulated among all judicial officers of district delhi. 17. ..... 313, which in the process may have resulted in miscarriage of justice and which in our view is likely to result in such miscarriage. ..... in a case of this nature has resulted in miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi885
..... the time taken in signing the report might make the court in a certain case to draw appropriate inference but, in the absence of prejudice to the accused and consequent miscarriage of justice, the delay would nto invalidate and vitiate the trial. ..... this distinction may have a bearing on the question of prejudice or miscarriage of justice, but both the cases clearly show that invaldity of the investigation has no relation to the competence of the court. ..... , also, of the opinion that where the cognizance of the case has in fact been taken and the case has proceeded to termination, the invalidity of the precedent investigation does nto vitiate the result, unless miscarriage of justice has been caused thereby. ..... '(28) it would follow from the above that any non-compliance with the provisions of law relating to there achinery for the collection of the evidence would nto vitiate the trial unless it has resulted in miscarriage of justice. ..... vitiated by the breach of a mandatory provision relating to investigation, there can be no doubt that the result of the trial which follows it cannto be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : 147(2008)DLT691
..... of a mandatory provision relating to investigation, there can be no doubt that the result of the trial, which follows it cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice and that an illegality committed in the course of investigation does not affect the competence and the jurisdiction of the court for trial ..... investigation (though in my view no illegality is shown to have been committed), the orders dated 8th june, 2006 and 4th november, 2006 passed by the learned acmm are, in my considered opinion, not liable to be quashed as no miscarriage of justice is shown to have been occasioned thereby ..... the conviction, the high court should have also gone into the question whether the illegal investigation had resulted in prejudice to the accused and whether there had been miscarriage of justice as a result of bad and irregular investigation.27. ..... acmm were not liable to be quashed, since the settled law is that any illegality committed in the course of investigation does not affect the competence or the jurisdiction of the court of trial, unless miscarriage of justice is shown to have been occasioned thereby. ..... . salve that miscarriage of justice has resulted from the breach of the ..... a mandatory provision relating to investigation, there can be no doubt that the result of the trial which follows it cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : 121(2005)DLT484; 2005(81)DRJ496
..... dealt with the question, it has warned against the possibility of falling into an error of reappreciating the evidence as if in appeal in the eagerness of correcting an error which may not have actually caused any gross miscarriage of justice. ..... 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. ..... should in our opinion be exercised by the high court only in 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. ..... supra) the supreme court permitted interference by the revisional courts in two situations; (1) where there was manifest illegality, (2) where there was gross miscarriage of justice. ..... the 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 illegality or the prevention of gross miscarriage of justice. ..... in which a revision may be entertained are referred as those where the interest of public require interference for the correction of a manifest illegality or for prevention of gross miscarriage of justice. 8. ..... be exercised only in exceptional cases where the interest of public justice require interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIIAD(Delhi)189; 1994(30)DRJ76; 1994LabIC2422
..... vitiated by the breach of a mandatory provision relating to investigation, there can be no doubt that the result of the trial which follows it cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice.that an illegality committed in the course of investigation does not affect the competence and the jurisdiction of the court for trial is well settled as appears from the cases in - 'prabhu v. ..... '(16) thus, even in criminal prosecution it has to be shown that there has been a miscarriage of justice on account of illegality in investigation for the trial to be set aside. ..... this distinction may have a bearing on the question of prejudice or miscarriage of justice, but both the cases clearly show that invalidity of the investigation has no relation to the competence of the court. ..... , also, of the opinion that where the cognizance of the case has in fact been taken and the case has preceded to termination, the invalidity of the precedent investigation does not vitiate the result, unless miscarriage of justice has been caused thereby. ..... the court further said that it had been emphasised in a number of decisions of that court that to set aside a conviction it must be shown that there had been miscarriage of justice as a result of an irregular investigation. .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
..... it cannot be said that the accused did not comprehend the charge or were misled, much less that a miscarriage of justice has been committed.204. ..... no adverse consequences have flown, no miscarriage of justice has resulted.205. ..... sstate of delhi, and held that illegality in investigation cannot result in setting aside the trial unless it can be shown that it has brought about a miscarriage of justice. ..... gilani that a media trial is antithesis of the rule of law and results in miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : 2003(67)DRJ596
..... 2 is liable to be set aside in view of the fact that the arbitrator had not only misread the evidence on record but taken a totally capricious view also resulting in miscarriage of justice, it is submitted that the arbitrator had totally failed to apply his mind to the material before him and had drawn conclusions which were absolutely contrary to the record.6. ..... ambit of challenge to an award so that the award does not get undesirable immunity and by expanding the import and implication of 'legal misconduct' of an arbitrator, an effort was made that the arbitrator does not perpetrate gross miscarriage of justice and does not reduce the arbitration to a mockery. ..... the public policy of india does not countenance any violation of law resulting in miscarriage of justice.9. ..... , the court finds that the arbitrator has arrived at a finding which is contrary to the material before him or has arrived at a conclusion which is capricious on the face of it, the court cannot sit as a silent spectator and allow miscarriage of justice. ..... these observations of the apex court clearly indicate that courts are not helpless and are under a duty to interfere with awards to prevent miscarriage of justice.8. .....
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