Court : Guwahati
..... chowdhary, reported in : 1993crilj600 , the supreme court held that the object of the revisional jurisdiction under s, 401 was to confer power upon superior criminal courts - a kind of paternal or supervisory jurisdiction - in order to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precaution or apparent harshness of treatment which has resulted, on the one hand, or on the other hand in some undeserved hardship to individuals. ..... in the background of the position just stated a private complainant can only claim a right, in common with all aggrieved parties in a criminal proceeding, to invoke the revisional jurisdiction of the high court for redress against miscarriage of justice arising from an erroneous order of acquittal. ..... there is no reference to any miscarriage or illegality or perverse finding. ..... is to be exercised only in exceptional cases when there is a glaring defect in the procedure or there is a manifest error on point of law and there has consequently been flagrant miscarriage of justice. ..... 439, criminal procedure code, 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....'10. .....
Tag this Judgment!Court : Guwahati
..... of appeal & substitute its own view on findings of fact after a minute scrutiny of the evidence, though the extraordinary jurisdiction may be utilised for correcting miscarriages of justice which have been occasioned by patent errors of law or procedure which cannot be corrected otherwise.40. ..... . its exercise is limited to rare cases where apparent miscarriage of justice caused or induced by illegalities or irregularities cannot be prevented otherwise ..... the abuse, excess or want of jurisdiction, or where failure or miscarriage of justice resulting from some illegality or irregularity in the proceeding could not be cured in any other way. ..... & such powers ought to be exercised only in rare cases where an obvious miscarriage of justice cannot the otherwise prevented. ..... if there is no question of jurisdiction it would interfere only if very great miscarriages of justice would otherwise result.35. ..... . it is also not case in which it could be said that there has been an apparent miscarriage of justice ..... may also draw on its powers of superintendence, to avoid or prevent obvious miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... 4 despite the fact that he did not have the essential qualifications as per the advertisement on the basis of which the appointment was made would cause, if allowed to stand good on record, serious miscarriage of justice and shake the confidence of the public in the ability of the courts to keep in check the government and other autonomous bodies within the confines of law so as to ensure that they function subject to, and within .....
Tag this Judgment!Court : Guwahati
..... 227 of the constitution of india can be exercised by the high court to keep the lower courts and tribunal, within the bounds of law and such power can be exercised only in very exceptional cases, where there is miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... initiation of such a proceeding shall, if allowed to stand good on record, cause serious miscarriage of justice.12. .....
Tag this Judgment!Court : Guwahati
..... and that it could be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality or for the prevention of a gross miscarriage of justice.their lordships further observed that this jurisdiction is not ordinarily invoked or used merely because the lower court has taken a wrong view of the law or misappreciated the evidence on the record.8. ..... . having scrutinised the judgment of the lower court with all the care and caution that it deserves, we feel satisfied that there has been grave miscarriage of justice in the case by the manner in which the learned special judge approached and dealt with the evidence in the case ..... after giving due consideration to this principle, which we respectfully endorse, we find that there has been a gross miscarriage of justice because of the learned special judge failing to apply his mind judicially to the evidence on record and writing a judgment, which, in our estimation, contains various inaccuracies and speculative arguments ignoring positive and direct .....
Tag this Judgment!Court : Guwahati
..... the learned sessions judge, manipur east, therefore, has committed a grave miscarriage of justice by resorting to proviso to section 81 while considering the pre-arrest bail under section 438 of the code.21. ..... keeping in view of the settled principle of law as referred to above, i am clearly of the view that the learned sessions judge, manipur east has passed the impugned order dated 15.5.1999 without any jurisdiction, resulting grave miscarriage of justice and it is accordingly quashed and set aside.20. ..... to avoid miscarriage of justice, it is always better to have the case diaries and police report perused before the anticipatory bail is granted. .....
Tag this Judgment!Court : Guwahati
..... when the acquittal by the trial court was found to be on the basis of unwarranted assumptions and manifestly erroneous appreciation of evidence by ignoring valuable and credible evidence resulting in serious and substantial miscarriage of justice, the high court cannot in this case be found fault with for its well merited interference.in 2002 crl. l.j. ..... the trial court has acted with irregularity or its appreciation of evidence lacks coherence or it has made assumptions which are unwarranted or its evaluation of evidence is such as to shock the sense of justice and which has led to a miscarriage of justice or its reasoning is unintelligible or defies logic or its conclusions are against the weight of the evidence.10. ..... it was also held that paramount consideration of court would be to avoid miscarriage of justice arising from acquittal of guilty is no less than from convicting an innocent and the acquittal based on conjectures/imagination and hypothesis are to be rejected.31. ..... and in appeal against acquittal the paramount consideration of the court would be to avoid miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... such an order will, if allowed to stand good on record, cause serious miscarriage of justice.12. .....
Tag this Judgment!Court : Guwahati
..... however, where the high court finds a manifest illegality or gross miscarriage of justice, the exercise of its revisional jurisdiction is held to be justified. ..... in view of our conclusion that there was gross miscarriage of justice in this case, we deem it appropriate to set aside the judgment under revision and remit the matter back to the sessions court at golaghat for a fresh trial of the accused. ..... for the abovementioned reasons, we are of the clear opinion that there is a total miscarriage of justice by virtue of the judgment under revision.21. ..... this jurisdiction 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. .....
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