Court : Guwahati
..... is discretionary and higher courts step in only to cure, in exceptional cases, any miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... on considering the matter in its entirety and in the interest of justice, 1 am firmly of the view that the impugned order is wholly irrational and arbitrary and the same shall, if allowed to stand good on record, cause serious miscarriage of justice.29. .....
Tag this Judgment!Court : Guwahati
..... jay (1885) 29 ch d 50-58 bowen in discharging the discretion of the judge as regards mode of trial says : 'that discretion, like other judicial discretions, must be exercised according to commonsense and according to justice if there is miscarriage in the exercise of it it will be reviewed.' 39. .....
Tag this Judgment!Court : Guwahati
..... such an order, if allowed to stand good on record, will be in violation of the principles of natural justice and shall cause serious miscarriage of justice.43. .....
Tag this Judgment!Court : Guwahati
..... the appellant that the sole arbitrator in passing the award dated 22.11.1997 misconducted in the related arbitration proceeding and the learned judge totally ignored the objection so raised by the appellant in this regard resulting in miscarriage of justice and on this count alone the impugned award as well as the impugned judgment and order are liable to be set aside and quashed.4. on close perusal of the impugned judgment and order as well as on overall .....
Tag this Judgment!Court : Guwahati
..... as the approach to this court is in revision, relief under the same can be claimed if the court is satisfied about miscarriage or failure of justice, which i am not because of what has been stated above,4. .....
Tag this Judgment!Court : Guwahati
..... there is no material before us for holding that in estimating deductible expenses and profits any failure or miscarriage of justice has occurred; nor can we say that the conclusions arrived at by the income-tax officer and the assistant commissioner were vitiated by any illegality. .....
Tag this Judgment!Court : Guwahati
..... such an order shall, if allowed to stand good on record, cause serious miscarriage of justice.11.1. .....
Tag this Judgment!Court : Guwahati
..... situated thus, it is abundantly clear that if the impugned order is allowed to stand good on record, it will cause serious miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... if the writ is refused it would amount to perpetuating a miscarriage of justice and this may not be suffered notwithstanding the fact that the petitioner might well have come to this court by obtaining a reference. .....
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