Judgment Search Results Home > Cases Phrase: miscarriage Court: sikkim Page 1 of about 51 results (0.014 seconds)

Rinzing Choda Vs. State and ors.

Court : Sikkim

Reported in : 1978CriLJ1270

..... supreme court decisions have also laid down that such jurisdiction can and is to be exercised in exceptional cases where there is some glaring defect in the procedure or there is some manifest error on a point of law, resulting in flagrant miscarriage of justice and some illustrations of such exceptional circumstances have been given in chinnaswamy's case noted above. ..... in kotaiah's case : 1973crilj978 , one will find the law to be that manifest error on a point of law or glaring defect in procedure will not by itself attract revisional jurisdiction and justify revisional interference unless there is a consequential flagrant miscarriage of justice and requirement of public justice to prevent such miscarriage,16. ..... these tests to the case at hand let us see whether there is any glaring defect in the procedure or any manifest error on a point of law and further, whether such defect or error has resulted in any flagrant or gross miscarriage of justice,9. ..... jurisdiction can be invoked by the private complainant against an order of acquittal; but it can be exercised only in exceptional cases where the interest of public justice requires interference for the correction of manifest illegality or the prevention of gross-miscarriage of justice. .....

Chandra Bahadur Katwal Vs. State of Sikkim and ors.

Court : Sikkim

Reported in : 2006CriLJ2751

..... in addition to the above, it was also contended by the learned counsel for the petitioner that the impugned judgment led to gross miscarriage of justice also on account of the fact that the appeal court failed to take a right view of the evidence on record.20. ..... as such, interference of this court was called for, in order to correct the manifest illegality committed by the courts below, and to prevent gross miscarriage of justice in exercise of the power of revision, shri j. b. ..... that, the powers of revisional court are very limited and interference by high court in revision would be justified only in exceptional cases of gross miscarriage of justice, manifest illegality or perversity, etc.8. ..... in the above circumstances, it is but legitimate to conclude that, the manner in which the learned appeal court dealt with the evidence on record and came to its conclusion by totally overlooking a material evidence, has undoubtedly resulted in miscarriage of justice, and the interest of public justice requires this court to interfere so as to prevent gross miscarriage of justice. ..... hamal that the courts below had overlooked material evidence resulting in flagrant miscarriage of justice. .....

In Re: Writer Constable 1626 Damber Bahadur Chhetri and ors.

Court : Sikkim

Reported in : 2001CriLJ3003

..... and this has resulted in grave miscarriage of justice requiring fresh consideration by the learned trial judge.15. ..... same when the evidence has already been appreciated by the magistrate as well as the sessions judge in appeal, unless any glaring feature is brought to the notice of the high court which would otherwise tantamount to gross miscarriage of justice.9. ..... in other words, the jurisdiction is one of supervisory jurisdiction exercised by the high court for correcting miscarriage of justice. ..... recognised rules of criminal jurisprudence and that its subordinate courts to not exceed the jurisdiction or abuse the power vested in them under the code or to prevent abuse of the process of the inferior criminal courts or to prevent miscarriage of justice.8. ..... that normally the jurisdiction of the high court under section 439 is to be exercised only in exceptional cases when there is a glaring defect in the procedure or there is a manifest error on a point of law which has consequently resulted in flagrant miscarriage of justice. ..... lj 577 observed that the jurisdiction under section 439, is normally 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.4. .....

Kinzang Dahdul Vs. Ransul Kharga and anr.

Court : Sikkim

Reported in : 1978CriLJ1569

..... supreme court decisions have also laid down that such jurisdiction can and is to be exercised in exceptional cases where there is some glaring defect in the procedure or there is some manifest error on a point of law, resulting in flagrant miscarriage of justice and some illustrations of such exceptional circumstances have been given in chinnaswamy's case noted above : [1963]3scr412 .13. ..... jurisdiction can be invoked by the private complainant against an order of acquittal; but it can be exercised only in exceptional cases where the interest of public justice requires interference for the correction of manifest illegality or the prevention of gross miscarriage of justice. .....

Sarswati Devi and ors. Vs. State of Sikkim

Court : Sikkim

Reported in : 2001CriLJ3921

..... , yet it is to be exercised only in exceptional cases when there is a glaring defect in the procedure or where there is a manifest error on point of law which has consequently resulted in flagrant miscarriage of justice. .....

Kul Chandra Baral Vs. State of Sikkim

Court : Sikkim

..... on the question of grant of sanction by the complainant, it is submitted that unless prejudice and miscarriage of justice is established by the accused, any irregularity in sanction order does not in any manner vitiate the trial, particularly, when both the courts have concurrently ..... is that the revisional jurisdiction by the high court is intended to be exercised in exceptional circumstances and cases where a glaring defects of the procedure or massive error on the point of law resulting in flagrant miscarriage of justice is found in the judgment impugned before the revisional court. ..... caused not only prejudice to the accused/petitioner, but is sufficient to inter miscarriage of justice rendering the entire trial illegal and vitiated. ..... under section 197 read with section 409 was required and secondly, even if there have been some error in grant of sanction, the petitioner has failed to show any prejudice caused, failure of justice or miscarriage of justice in any manner. ..... the revisional court is not disarmed to exercise the revisional jurisdiction where the findings of fact recorded by the courts below are perverse in nature and/or are in gross violation of settled procedural safeguards or tantamount to miscarriage of justice. ..... the jurisdiction of the high court under section 439 is to be exercised only in exceptional cases when there is a glaring defect in the procedure or there is a mainfest error on a point of law which has consequently resulted in flagrant miscarriage of justice. .....

State of Sikkim Vs. Rakesh Rai @ Vishal Rai @ Purna Rai and Another

Court : Sikkim

..... the only fetter in reversing a decision is that, reasons ought to be given while rendering the judgment as to why the acquittal has not been justified, the paramount consideration of the court being to ensure that miscarriage of justice is prevented. ..... the paramount consideration of the court is to ensure that miscarriage of justice is prevented. ..... a miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. .....

Mani Kumar Thapa Vs. State of Sikkim

Court : Sikkim

Reported in : 2002CriLJ876

..... as their lordships say in the latter case, 'the partition which divides their bounds is often very thin : nevertheless, the distinction is real and substantial, and if overlooked will result in miscarriage of justice. ..... as their lordships say in the latter case, 'the partition which divides their bonds is often very thin : nevertheless, the distinction is real and substantial, and if overlooked will result in miscarriage of justice. .....

Nima Tshering Bhutia and anr. Vs. State of Sikkim

Court : Sikkim

Reported in : 1981CriLJ1391

..... under those circumstances it was held that the order of transfer having been followed by a trial without objection and no prejudice or miscarriage of justice having been proved to have been caused, the irregularity was cured under the provisions of section 537. ..... code which gives the courts jurisdiction to entertain the proceedings and regulate their competence, such breach or infraction would vitiate the proceedings and in such cases the question of any prejudice to any party or of any miscarriage of justice having in fact been caused would be immaterial. in h.v. .....

Prashant Kumar Goyal Vs. Sogra Khatoon and Others

Court : Sikkim

..... in order to meet the ends of justice particularly when the documents should proposed to be marked as additional documents, court order and public documents are related to the suit property otherwise refusal to grant leave will end in miscarriage of justice, of course, also appreciate the grievance of the respondent/plaintiff that he should not be deprived of the opportunity to examine his witnesses with reference to these additional documents and to adduce evidence if he is so advised ..... by the learned trial judge to meet the ends of justice particularly when the additional documents proposed to be produced are public documents and they are related to the suit property, as otherwise, refusal of leave will result in miscarriage of justice. .....