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Gajula Surya Prakasarao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : 2009(6)LHSC3911; JT2009(14)SC203; 2010(I)OLR(SC)25; 2009(13)SCALE656; (2010)1SCC88; 2009(10)LC4737(SC)

..... it is under those circumstances, we are compelled to interfere with the concurrent findings of the courts below in order to prevent the miscarriage of justice.18. ..... the same has resulted in miscarriage of justice. ..... this vital aspect of the matter has completely escaped the attention of the courts below which resulted in miscarriage of justice. ..... in the process, we will not re-appreciate the evidence to substitute our view for that of the courts below but consider as to whether non- consideration of certain important aspects of the case resulted in miscarriage of justice.8. .....

Batra Steels Vs. the Commissioner of Sales Tax and ors.

Court : Delhi

Reported in : ILR1995Delhi516

..... and tribunals within bounds of their authority and preventing usurpation of jurisdiction which is otherwise not vested in those courts or tribunals; (b)the power of judica1 superintendence must be exercised in extraordinary circumstances where noninterference may lead to grave miscarriage of justice; (c)the high court would be justified in exercising jurisdiction under article 227. ..... the king, : air1952cal193 has laid down that interference under article 227 of the constitution should be rare and the court should only act in cases where their would be grave miscarriage of justice, if the court did not interfere. ..... the high court may refuse to interfere under article 227 unless there is grave miscarriage of justice. ..... bench of the said high court observed that the power of superintendence given to the high court under article 227 of the constitution is an extra ordinary power and is meant to use in grave and exceptional cases to prevent miscarriage of justice. ..... federal court and the supreme court have consistently taken the view that powers of superintendence must be exercised very sparingly in extraordinary circumstances where non-interference may lead to grave miscarriage of justice. .....

Koshy Vs. K.S.E. Board

Court : Kerala

Reported in : AIR1984Ker23

..... discretion is to be exercised;one the court should not lightly releasethe parties from their bargain; that follows from the sanctity the court attaches to contracts: the other, that thecourt should be satisfied that a substantial miscarriage of justice will take placein the event of its refusal to grant theleave. ..... ' (para 12).in the above case it has been further held :--'before the court exercises its discretion to give leave to revoke an arbitrator's authority, it should be satisfied that a substantial miscarriage of justice will take place in the event of its refusal. ..... this is to prevent a miscarriage of justice. .....

Krishnankutty Vs. State of Kerala

Court : Kerala

Reported in : 2005CriLJ1866; 2005(1)KLT813

..... to set aside an order of acquittal, there should be some glaring defect in the procedure or a manifest error on a point of law and consequently there must have been a flagrant miscarriage of justice or the trial court should have no jurisdiction to try the case but has still acquitted the accused or the trial court has wrongly shut out evidence which the prosecution wished to produce or the ..... the apex court also held that 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 and the power of the high court is circumscribed by the provisions of sections 417 and 439 of cr.p.c. ..... the learned sessions judge did not notice any glaring defect in the procedure or manifest error on a point of law and consequential flagrant miscarriage of justice. ..... scope of the revision filed by a private party against an order of acquittal held:'it could be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice. ..... the revisional court will not ordinarily interfere with an order of acquittal except in exceptional cases where interest of public justice requires for the correction of manifest illegality or the prevention of gross miscarriage of justice. .....

Arjun Ram Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2007(3)Raj2081

..... the high court notices that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order is not correct, it is but the salutary duty of the high court to prevent the abuse of the process or miscarriage of justice or to correct irregularities/incorrectness committed by inferior criminal court in its judicial process or illegality of sentence or order.21. ..... held as under:the object of section 483 and the purpose behind conferring the revisional power under section 397 read with section 401, upon the high court is to invest continuous supervisory jurisdiction so as to prevent miscarriage of justice or to correct irregularity of the procedure or to meet out justice. ..... so when the high court on examination of the record finds that there is grave miscarriage of justice or abuse of process of the courts or the required statutory procedure has not been complied with or there is failure of justice or order passed or sentence imposed by the magistrate requires correction, it is but the duty of the high court to have it corrected at the inception lest grave miscarriage of justice would ensure. .....

Bhanwarlal Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1995CriLJ625

..... nothing has been brought to my notice by the learned counsel for the petitioner that any manifest, illegality or grave and serious miscarriage of justice in the case in hand has occasioned to him which requires interference with such concurrent finding of guilt recorded by both the courts blow.14. ..... in the present case nothing has been brought to the notice of this court that some manifest illegality or grave and serious miscarriage is meted out to the petitioner, therefore, reappraisal of evidence in the present case is not called for. ..... the finding of guilt recorded by both the courts below are based on analytical discussion of oral and documentary evidence on record and there is no manifest illegality or grave and serious miscarriage of justice which may require indulgence of this court under its revisional jurisdiction.17. ..... it is only in rare and exceptional cases where there is some manifest, illegality or grave and serious miscarriage of justice only then this court could interfere with such finding of fact. ..... according to the learned public prosecutor it is only in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice only then this court could interfere with such finding of fact. .....

Harish Chandra Pandey Vs. State of Bihar and ors.

Court : Patna

..... the interference with 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 where the ..... from bare reading of the aforesaid provision it is manifest that the object of the revisional jurisdiction is to confer upon the 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 and similar infirmities. ..... the impugned judgment also does not suffer from any glaring illegality or caused any miscarriage of justice. ..... it would be exercised only in exceptional cases where the public justice requires interference for the correction of illegality or prevention of miscarriage of justice. .....

William K. Hewson Vs. Ethel M. Hewson

Court : Mumbai

Reported in : AIR1924Bom397; (1924)26BOMLR467; 85Ind.Cas.774

..... the only evidence, therefore, of adultery would lie in the submission by the respondent that she had miscarriage, after she had become pregnant by some one other than her husband. ..... but here one most important point of evidence has not been properly proved, namely the alleged miscarriage. ..... but there is nothing left on which a decree for dissolution could be granted except the submission, not the admission, of the respondent that she had a miscarriage. ..... undoubtedly she was in the hospital for a certain time up to june 6, 1922, and it would have been a simple matter from the hospital records to prove whether or not she had a miscarriage. ..... the petitioner did not even take the trouble to prove by any evidence that his wife had as a matter of fact a miscarriage. ..... he alleged in his petition adultery of his wife with one sydney judd, and he further alleged that his wife had become pregnant by the said sydney judd and had a miscarriage. .....

Fatehsinh Mohansinh Chauhan, Vs. Union Territory of Dadra and Nagar Ha ...

Court : Mumbai

Reported in : 2003(2)ALD(Cri)44; 2003BomCR(Cri)1103; 2004CriLJ150; 2003(4)MhLj73

..... in these circumstances, even after invoking the inherent powers under section 482 of the code, i do not find that any abuse of process or miscarriage of justice would entail if the witnesses are recalled and re-examined. ..... high court finds that there has been failure of justice or misuse of judicial mechanism or procedure (sic) sentence or order was not correct, the high court may, in its discretion, prevent the abuse of the process or miscarriage of justice by exercise of jurisdiction under section 482 of the code. ..... the high court finds that there had been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, the high court may, in its discretion, prevent the abuse of the process or miscarriage of justice by exercise of jurisdiction under section 482 of the code. ..... by allowing the application to recall the aforesaid four witnesses for the purpose of re-examining, the learned sessions judge has committed as abuse of process or if those witnesses are recalled and re-examined, it will have the effect of miscarriage of justice. ..... as indicated above, the scope under section 482 of the code required exercise of inherent jurisdiction of this court to prevent abuse of process or prevent miscarriage of justice. .....

Emperor Vs. Puttan Hassan

Court : Mumbai

Reported in : (1936)38BOMLR19; 160Ind.Cas.1060

..... in my opinion, although there was a failure to comply with section 297 of the criminal procedure code, and that failure does amount to an error in law, that failure has not led to any miscarriage of justice, and has not in any way prejudiced the accused; and that being so, i am of opinion that we should dismiss the petition.broomfield, j.7. ..... where there has been no illegality in the mode of trial, but some irregularity in the process of trial, we are not entitled to set aside the verdict or judgment unless we are satisfied that that irregularity has led to a miscarriage of justice, or has prejudiced the accused. mr. ..... if that is so, there was clearly no miscarriage of justice in the judge not reading exceptions which did not apply. .....