Court : Guwahati
..... itself if the term and condition, which have been deviated from, were bound to be followed, could not have been departed from, have not been departed from in public interest and such deviation has caused miscarriage of justice .....
Tag this Judgment!Court : Guwahati
Reported in : (2006)2GLR437
..... it is a doctrine evolved by the courts by a long process of evolution not only to secure the ends of justice but also to prevent miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... there is nothing under article 226 of the constitution of india to preclude the high court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it, but there are definite limits to the exercise of the power of reviews, which can be exercised on discovery of new and important matters or evidence which, even after exercise of .....
Tag this Judgment!Court : Guwahati
..... but the factum of submissions and considerations thereof as appears from paragraphs 27 and 28leads us to a definite conclusion that there has been no miscarriage of justice. ..... the ratio decedendi of the cases noticed is to see that there is no statutory mockery resulting in a total miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... the paramount jurisdiction of the court is to ensure that miscarriage of justice is prevented. ..... a miscarriage of justice which may raise from acquittal of the guilty is not less than from the conviction of the innocent. .....
Tag this Judgment!Court : Guwahati
..... therefore, this was an issue which was required to be gone into by the learned labour court and failure to do so, has caused miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... is decided by the learned special judge, on the ground that both the criminal and the departmental proceeding are based on the identical and same set of facts and if the departmental proceeding is allowed to be continued serious miscarriage of justice, double jeopardy and prejudice would be caused to him. .....
Tag this Judgment!Court : Guwahati
..... on the defendant, has also observed that the rules of procedure are made to advance the cause of justice and not to defeat it and the construction of the rule or procedure, which promotes justice and prevents its miscarriage has to be preferred, as the rules or procedures are handmaid of justice and not its mistress.14. .....
Tag this Judgment!Court : Guwahati
Reported in : AIR2009Gau94
..... review petition was under a mistake and, the earlier judgment would not have been passed but for erroneous assumption which in fact did not exist and its perpetration shall result in a miscarriage of justice nothing would preclude the court from rectifying the error. ..... the review petition was under a mistake and the, earlier judgment would not have been passed but for erroneous assumption which in fact did not exist and its perpetration shall result in a miscarriage of justice, nothing would preclude the court from rectifying the error. ..... of review is inherent in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it. ..... air 1963 sc 1909 that there is nothing in article 226 of the constitution to preclude a high court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable error committed by it. ..... 1963 sc 1909; the apex court noted that there is nothing in article 227 of the constitution to preclude a high court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it. ..... /or that the earlier judgment would not have been passed, but for erroneous assumption of a fact, which in fact, did not exist, and that perpetration of such an erroneous assumption of fact shall result in miscarriage of justice.16. .....
Tag this Judgment!Court : Guwahati
..... the power is basically meant to remove flagrant violation of the law that cause grave miscarriage of justice. .....
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