Court : Rajasthan
Reported in : 2003(2)ALT(Cri)14; RLW2004(1)Raj673; 2003(4)WLC394
..... in the instant case, from the order impugned, it cannot be said that it would result in miscarriage of justice or there is a glaring defect in the procedural aspect or there being a manifest error on the point of law. ..... is to confer 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 power precaution or apparent harshness of treatment, which has resulted on the one hand in some injury to the due maintenance of law or on the other hand in some undeserved ..... is discretionary which has to be exercised to correct miscarriage of justice, but whether or not there is justification to exercise or not to exercise such discretionary power, depends upon the facts and circumstances of each case. ..... keeping in view the limited scope of revision, that too by a private party, i am of the considered view that the impugned order cannot be said to be of exceptional cases warranting interference to correct miscarriage of justice. ..... it is settled law that the revisional jurisdiction is not to be lightly exercised but only in exceptional situations where justice delivery system requires interference in order to do substantial justice and to correct manifest illegality or to prevent gross miscarriage of justice.8. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALT(Cri)23; 2003CriLJ4041
..... according to the prosecutor if evidence on record is properly appreciated it leads to only one conclusion of guilt and therefore misappreciation of evidence by the learned trial judge has resulted in grave miscarriage of justice and a person assaulting minor girl of 13 years age to satisfy his lust is going scot free. ..... in our opinion, the judgment of the learned trial judge has resulted in miscarriage of justice which is of grave nature and perverse for non-appreciation of evidence on record in its correct perspective. ..... it has resulted in grave injustice, grave miscarriage of justice. ..... his rejection of the entire evidence on flimsy grounds has resulted in grave miscarriage of justice. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004CriLJ4272; ILR2004KAR4128; 2004(6)KarLJ43
..... under the facts and circumstances of this case, if the petitioner is not given another opportunity to pursue her grievances, there will be manifest miscarriage of justice, as the decision on first complaint was not upon consideration of her case on merits. ..... , where there is a manifest error or manifest miscarriage of justice in the previous order or when the fresh evidence is forthcoming which, with reasonable diligence could not have been brought on record in the previous proceedings.8. ..... thus, to prevent manifest miscarriage of justice that could have been caused to the petitioner herein, the court below should have entertained the second complaint filed by the petitioner herein.9. .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ418
..... where an appeal against acquittal turns on the facts it would only succeed if the judgment or acquittal is clearly wrong and involves a miscarriage of justice or when the trial judge has erred in failing to draw the clear, indubitable and irresistible inference from the facts or when the trial court's appreciation of evidence is vitiated by failure to take note of a very important ..... the appeal by government should be made judiciously and only in cases where the judgment is so clearly wrong that its maintenance would amount to a serious miscarriage of justice or when a principle is involved or the question is one of great importance or of great public importance. ..... to show that the judgment of acquittal is clearly wrong, the trial judge has erred in failing to draw the clear indubitable and irresistible inference from the facts on record and the judgment has resulted in the miscarriage of justice by acquitting the respondents on unreasonable grounds. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : I(2002)DMC324
..... the high court notices that there has been failure of justice or misuse of justice or 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 process or miscarriage of justice or to correct irregularities/incorrectness committed by subordinate criminal courts in its juridical process or illegality of sentence or order.47. ..... 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 or the procedure or to meet out the justice. ..... it tantamounts to miscarriage of justice and abuse of process of law. ..... recognised rules of criminal jurisprudence and that its subordinate courts do 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. ..... high court is still available under section 482 of the code and as it is paramount power of continuous superintendence of the high court under section 483, the high court would be justified in interfering with the order leading to miscarriage of justice. .....
Tag this Judgment!Court : Orissa
Reported in : 97(2004)CLT510; 2004CriLJ2626; 2004(I)OLR389
..... initiated by the breach of a mandatory provision relating to investigation, there can be no doubt that the result of the trial, which follows it cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice and that an illegality committed in the course of investigation does not affect the competence and the jurisdiction of the court for trial. ..... it may at best be called an error or illegality and unless such illegality has caused miscarriage of justice, it has no impact on the trial and the trial cannot be vitiated on that ground alone. ..... , reported in air 2003 sc 2612 submitted that even though the act and the rules provide special procedure to be followed for the purpose of investigation, an error or illegality in investigation has no impact on trial unless miscarriage of justice is brought out. ..... of corruption act and the apex court in the said case held that mere illegality or irregularity in investigation will not be a ground for quashing an order of cognizance unless court is satisfied that such investigation has resulted in miscarriage of justice. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3578; 2003CriLJ3542; JT2003(6)SC165; 2003(5)SCALE315; (2003)6SCC392
..... court to interfere with the order of the learned sessions judge, justified the course of action adopted by the high court and contended that allowing the order of acquittal would have resulted grave injustice as well as miscarriage of justice and therefore no exception should be taken to the judgment of the high court.6. ..... in which the evidence has been discussed, analysed and considered in a perfunctory manner by the learned sessions judge, was very well justified in undertaking the re-consideration of the evidence in their proper perspective in order to ensure that no miscarriage of justice resulted in the matter. ..... despite the cogent and convincing evidence on record a finding in favour of the accused seem to have been arrived at by the learned trial judge on an incomplete evaluation of the evidence resulting in total miscarriage of justice. .....
Tag this Judgment!Court : Delhi
Reported in : 166(2010)DLT362
..... 226 and 227 of the constitution cannot be invoked against such an order, the accused will become almost remediless even if the order passed by the special judge in a given case is totally without jurisdiction and causes grave miscarriage of justice or results in gross abuse of the process of law, and therefore, needs interference and correction by a superior ..... . so, when the high court on examination of the record finds that there is grave miscarriage of justice or abuse of the 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 ensue ..... section 482 of the code is a safeguard available by which the high court exercises superintendence over the courts below and prevents any miscarriage of justice. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]99CompCas334(Raj)
..... on examination of record i do not find that there is a grave miscarriage of justice or abuse of process of the court or the required statutory procedure has not been complied with or impugned order passed by the courts below require correction. ..... however, when the high court on examination of the record finds that there is a grave miscarriage of justice or abuse of process of the courts or the required statutory procedure has not been complied with or there is a 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 ensue. ..... in our view the high court should not haveadopted such a rigid approach which certainly has led to miscarriage of justice in the case. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom14; (1967)69BOMLR31; ILR1966Bom948; 1967MhLJ224
..... it was on this ground that the appellants contended that the enquiry made by the assistant charity commissioner resulting in his order of the 7th of march 1955, resulted in a grave miscarriage of justice and suffered from material irregularity and it was, therefore, necessary for the charity commissioner to set aside that order in exercise of his power under section 70a of the act. ..... principally on these two grounds the charity commissioner came to the conclusion that there was no irregularity or there was no miscarriage of justice when the assistant charity commissioner passed his order on the 7th of march 1955, and since there was no miscarriage of justice or material irregularity he had no power under section 70-a of the act to call for and examine the record commissioner and consequently to reopen the enquiry under section 19 with regard to whether or not the ..... the procedure anologous to that provided in order 1, rule 8, the enquiry conducted by the assistant charity commissioner resulting in his order of the 7th of march 1955 was an enquiry behind the back of the appellants and it led to a miscarriage of justice or suffered from a grave irregularity. .....
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