Judgment Search Results Home > Cases Phrase: miscarriage Court: guwahati Page 1 of about 916 results (0.014 seconds)

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. .....

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Reported in : [2010]153CompCas579(Gauhati)

..... even subsequent developments or facts and turn of events coming into existence, but found really relevant, genuine and vitally important in effectively deciding the issues raised and necessary to do real, effective and substantial justice or prevent a miscarriage of justice is not only can but ought to be taken into consideration by courts even at the appellate stage.209 ..... settled principles of law regulating grant or refusal of interlocutory injunction, the appellate court is bound to interfere, for, non-interference with such exercise of powers by the trial court will, if allowed to remain good on record, cause serious miscarriage of justice. .....

Oriental Insurance Co. Ltd. and anr. Vs. Sabitri Debi Agarwal and anr.

Court : Guwahati

..... kataki, contrary to any agreement existing between the parties and ignoring the basic principles governing grant of injunction, passed the impugned order allowing the prayer for injunction and caused thereby serious miscarriage of justice and, hence, the impugned order may to be set aside.9. ..... situated thus, i am firmly of the view that if the impugned order is allowed to stand good on record, it will cause serious miscarriage of justice.34. .....

Lilawati Gupta and ors. Vs. Union of India (Uoi) and anr.

Court : Guwahati

..... considered thus, the impugned order is nothing, but refusal to exercise the jurisdiction, which stood vested in the learned court below, and such an order will, if allowed to stand good on record, cause serious miscarriage of justice.52. .....

Sreenivas Basudev Vs. Vineet Kumar Kothari

Court : Guwahati

..... cautioning the courts that the rules of procedure are made to advance the cause of justice and not to defeat it, construction of a rule or procedure, which promotes justice and prevents miscarriage, has to be preferred, the rules of procedure are the handmaid of justice and not its mistress and that the discretion of the court to extend the time shall not be so frequently and routinely exercised so as to 'nullify the ..... construction of the rule or procedure, which promotes justice and prevents miscarriage has to be preferred. ..... such orders, as the ones, which stand impugned in the present revision, shall, if, allowed to stand good on record, cause serious miscarriage of justice. .....

Mazibur Rahman Vs. Abul HussaIn and ors.

Court : Guwahati

..... the interference with the order of acquittal passed by the trial court is limited only to exceptional cases, when it is found that the order under revision suffers from glaring illegality or has caused miscarriage of justice or when it is found that the trial court has no jurisdiction to try the case or where the trial court has illegally shut out the evidence, which, otherwise, ought to have been considered or ..... the interference with the order of acquittal passed by the trial court is limited only to exceptional cases when it is found that the order under revision suffers from glaring illegality or has caused miscarriage of justice or when it is found that the trial court has no jurisdiction to try the case or where the trial court has illegally shut out the evidence which otherwise ought to have been considered or ..... 284 : : 1951crilj510 , this court held that revisional jurisdiction when it is invoked against an order of acquittal by a private complainant is not to be lightly exercised, it could be exercised only in exceptional cases to correct a manifest illegality or to prevent a gross miscarriage of justice and not to be ordinarily used merely for the reason that the trial court has misappreciated the evidence on record.7. in k. ..... fit to appeal but such jurisdiction should be exercised 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. .....

islam UddIn Barbhuiya Vs. State of Assam and ors.

Court : Guwahati

..... the interference with the order of acquittal passed by the trial court is limited only to exceptional cases when it if found that the order under revision suffers from glaring illegality or has caused miscarriage of justice or when it is found that the trial court has no jurisdiction to try the case or where the trial court illegally shut out the evidence which otherwise ought to have been considered or where ..... laskar, learned counsel or the petitioner, has contended that learned sessions judge committed a gross illegality as well as miscarriage of justice by acquitting all those accused persons of charge of murder because the impugned acquittal was based absolutely on ..... laskar has tried to impress upon the court stating that there is glaring illegality as well as miscarriage of justice apparent on the face of the impugned judgment and hence this court has the power to entertain ..... rajbarbhuiya, learned counsel for the respondents has forcefully argued that no illegality and/or miscarriage of justice has been committed by the learned court below in arriving at a decision of acquittal of ..... is held that impugned judgment does not suffer from any glaring illegality or miscarriage of justice to attract the revisional jurisdiction of this court. ..... argument is that when the time of death was categorically mentioned in the medical evidence in order to corroborate with the testimony of the other witnesses, non-consideration of the same by the trial court resulted in miscarriage of justice. .....

Smt. Manijan Bibi Vs. Nameirakpam Mangi Singh and anr.

Court : Guwahati

..... it is further submitted by the learned counsel that the widow of the deceased is an aggrieved party and if there is any miscarriage of justice, the aggrieved party may approach the court for redress. ..... moreover, we do not find any glaring mistake amounting to miscarriage of justice committed by the learned appellate court below. ..... been some manifest illegality in the approach to the case or the appreciation of the evidence or where the conclusl6n of fact recorded by the trial judge is wholly unreasonable so as to be liable to be characterised as perverse and there has been a resultant miscarriage of justice. ..... : 'that the high court can exercise its jurisdiction in revision 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.'7. ..... is to be exercised only in exceptional cases, when there is a glaring defect in the procedure or there is a manifest error of point of law and consequently there has been a flagrant miscarriage of justice. .....

Azizur Rahman Vs. Harun Rashid and ors.

Court : Guwahati

..... all these three may be reduced to a single test thus : whenever a magistrate is 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 dismissed under section 203 of the code of criminal. ..... to accept this submission for the reason that the learned court in the impugned judgment has held that the complainant was assaulted by the opposite parties which in my opinion, clearly shows that there was miscarriage of justice, in the dismissal of the earlier complaint which should be considered as an exceptional circumstance to warrant entertainment of the subsequent complaint.7. ..... the test to determine the exceptional circumstances are (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 in the previous proceedings. ..... the question therefore in the present case is whether there was miscarriage of justice or whether exceptional circumstances exist for which the subsequent complaint could be entertained.5. .....

Sirshik Tanti Vs. Amrit Patnayak @ Mitra and anr.

Court : Guwahati

..... it is well settled principle that the power and jurisdiction of the revision court against an order of acquittal is limited to exceptional cases suffering from glaring irregularity and causing miscarriage of justice and when no such miscarriage of justice is shown to have been committed, the court is also not called upon to re-appreciate the evidence and come to a different finding than that of the trial court, in exercise of its revisional jurisdiction. ..... nn saikia, learned senior counsel for the, petitioner that the evidence of pw2 has not been considered and appreciated properly by the learned sessions judge committing thereby miscarriage of justice and illegal acquittal of the accused. ..... according to the learned counsel the evidence and materials on record clearly discloses that the accused respondent has committed the offence alleged in the fir and his acquittal has caused grave miscarriage of justice. ..... it has been further pointed out by the learned counsel that the acquittal of the accused has caused serious miscarriage of justice. .....