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Mahendrasinh Ranmalsinh and anr. Vs. J.R. Patel and ors.

Court : Gujarat

Reported in : (2003)1GLR89

..... correction of an error in appreciating important evidence which has resulted in the miscarriage of justice cannot be equated with the power to re-appreciate the entire evidence.'3.4.3. ..... no power to re-appreciate the evidence on record unless it comes to the conclusion that there was failure to take the evidence on the part of lower forum or forums or that there was error in appreciating important evidence which resulted in miscarriage of justice.'4. ..... the tribunal to find out by a valid process of reasoning as to how the lower final authority has gone wrong in appreciating important evidence and then this error must be such as must appear to the tribunal to have caused miscarriage of justice. ..... it has held as under :'the jurisdiction of the revenue tribunal under sub-section (1) of section 76 of the bombay tenancy act is inter alia confined to the correction of an error in appreciating important evidence which has resulted in the miscarriage of justice. ..... has failed to determine the same material issued on law or mat there was substantial defect in following the procedure or there was failure to take evidence or committed error in appreciating important evidence which had resulted into miscarriage of justice. ..... some material issue of law, or(c) that there was a substantial defect in following the procedure provided by this act (or that there has been failure to take evidence or error in appreciating important evidence) which has resulted in the miscarriage or justice.' 3.1. .....

Kandasamy Vs. Rathinambal and Others

Court : Chennai

Reported in : AIR1996Mad252; 1995(2)CTC164

..... the universal acceptance of human fallibility and yet in the realm of law, the courts as well as the statutes strongly lean in favour of finality of decision and exceptions to them have been carved out to correct accidental mistakes or miscarriage of justice for which even there was no specific rules or statutory provisions framed by the court of higher forum to rectify such mistakes thus the horison of the power of the court and the law, in order to render ..... it is thus seen that there is not controversy among the bar or/and on behalf of parties that if a patent error or mistake of law causing total miscarriage of justice in a judgment or order passed by a court of law is well identified and for other sufficient reasonings clearly spelt out, under order 47, rule 1 of the code of civil procedure, an aggrieved party can seek the relief ..... it is, therefore, under the circumstances, if any decree or order passed by a court is found inherent with apparant error or mistake of law causing miscarriage of justice and for other sufficient reasons by which justice could not be rendered to the aggrieved person, review of the said order or judgment is possible, but ..... though finality is presumed on the rendering of every judgment or order, when it is found with apparent error or mistake of law or miscarriage of justice, then, the same forum will recitify the same in spite of the fact, that in the realm of law, courts in this courty and even the statutes lean strongly in favour of finality of .....

Nitya Nand Dubey Vs. Om Prakash Choudhary and ors.

Court : Patna

..... the reasons assigned by the trial court in discarding the dying declaration are full of illegality which led to flagrant miscarriage of justice and in support of this contention, further relied upon the case of kaptan singh v. ..... petitioner's lawyer has failed to point out that there is any glaring defect in the procedure or manifest error on the point of law which has resulted into flagrant miscarriage of justice, which is the only scope of the revisions court in such revision. ..... if two views are possible, after scrutinizing the evidence and one view has been accepted by the trial court, this court cannot come to the finding that there was any miscarriage of justice and the finding of the trial court is perverse. ..... court will interfere only when there is glaring defect in the procedure or manifest error on the point of law which has resulted into flagrant miscarriage of justice. ..... scrutinizing the judgment of the trial court, this fact is not in dispute that revisional power of the high court against the order of acquittal is to be exercised with great care and caution only in a case of flagrant miscarriage of justice. ..... court will interfere only when there is glaring defect in the procedure or manifest error on the point of law which has resulted into flagrant miscarriage of justice. ..... lawyer further submitted that revisional power against the order of acquittal has to be exercised only in exceptional cases and with great care and caution, only to prevent flagrant miscarriage of justice. .....

Abedinbhai Turabbhai Vahora Vs. Chhaganbhai Devabhai Bharwad and ors.

Court : Gujarat

Reported in : (2001)1GLR674

..... i find no manifest error on the point of law, and therefore, this is not the case which can be said to be a case in which flagrant miscarriage of justice has occurred. 37. ..... high court has held that the revisional jurisdiction is normally to be exercised only in exceptional cases where there is a glaring defect in the procedure or there is manifest error of point of law and consequently there has been flagrant miscarriage of justice. ..... revision application, in exceptional cases, this court should disturb the finding of the trial court, if there is some glaring defect in the procedure or if there is manifest error on point of law as a result of which there has been flagrant miscarriage of justice. ..... court has observed in para 25 as follows :- 'the revisional jurisdiction is normally to be exercised only in exceptional cases where 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.' 19. ..... should in our opinion be exercised by 'the high court only in exceptional cases, when there is some glaring defect in the procedure and there is a manifest error on a point of law and consequently there has been a flagrant miscarriage of justice. ..... appeal, but this jurisdiction should be exercised by the high court in exceptional cases when there is some glaring defect in the procedure or there is a manifest error on the point of law, and consequently, there has been flagrant miscarriage of justice. .....

Surajmal Kanaiyalal Soni Vs. the State of Gujarat

Court : Gujarat

Reported in : 1991CriLJ1483; (1990)2GLR923

..... various procedural provisions of the act are not complied and are violated, which has prejudiced the appellant and resulted into miscarriage of justice and, therefore, also the conviction should be set aside.15. ..... to take action for search, seizure and arrest, the provisions of sections 41 , 42 and 43 are such mandatory that violation of which would vitiate the proceedings even without establishing any prejudice to the accused or miscarriage of justice and, there fore, the conviction is bad.23. ..... , which has prejudiced the appellant and has resulted into miscarriage of justice requiring the setting aside of the conviction.2. ..... prosecution may fail for non-compliance of provisions of section 57, ndps act, only in case miscarriage of justice or prejudice to the accused are established.35. mr. g. d. ..... should be held that even though compliance of that section is necessary non-compliance of it will not be fatal to the prosecution till it is established that it has resulted in miscarriage of justice or prejudice is caused to the accused. ..... and (7) whether infraction of any provision of chapter v vitiates investigation, proceedings, trial or conviction ipso facto or prejudice to accused or miscarriage of justice is required to be proved by the accused?16. ..... of the supreme court are that any irregularity or even illegality committed in the course of the investigation does not, by itself, affect the legality of the trial by an otherwise competent court unless miscarriage of justice has been caused. .....

Maroti Sadashiv and ors. Vs. Godubai Narayanrao and ors.

Court : Mumbai

Reported in : AIR1959Bom443; (1959)61BOMLR143; ILR1959Bom405

..... 6 has been examined in the case and he has stated that he had told the sub-inspector that the plaintiff was pregnanted by bapurao and that she effected miscarriage, and he further stated that he thought that in april 1950 the pregnancy was in the fifth or sixth month.the reason why he thought that she was carrying and that her pregnancy was five or six ..... notice which was published in the newspaper mentioned that the plaintiff's character was not good, that the plaintiff was morally defamed, that she became pregnant by illegitimate connection, that in order to cause forcible miscarriage she absconded from the village, and that she had thus brought disgrace to her family. ..... it was stated in the application that the plaintiff was pregnant and that the plaintiff caused forcible miscarriage of a child and concealed the birth of that child. ..... he also denied having made any defamatory statements about the pregnancy and forcible miscarriage of the child by the plaintiff. ..... these two applications also contained defamatory words to the effect that the plaintiff caused forcible miscarriage at dhamangaon, tahsil chandur.4. ..... this application also contained defamatory words and it stated that the plaintiff caused forcible miscarriage at dhamangaon. ..... and 19th july, 1950 to the district superintendent of police, amravati, containing false and defamatory statements that one bapurao was the cause of the plaintiff's pregnancy an the plaintiff absconded with bapurao to cause forcible miscarriage. .....

Sangappa V. Tenginakai Vs. State (Additional Sessions Judge at Mapusa) ...

Court : Mumbai

Reported in : 2002(3)MhLj479

..... the interference of the order passed by the trial court is limited only to exceptional cases when it is passed under order 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 ..... in a given case, where the court is satisfied that because of the approach adopted, there has been flagrant miscarriage of justice, even that would be an independent ground as is seen from the recent decision in vimal singh ..... moreover, the finding reached by this court is that serious miscarriage of justice has occasioned on account of the approach adopted by the trial court and it would be, therefore, the duty of this court to ensure that appropriate directions are passed to meet ..... evidence which ought to have been considered by the court has been overlooked causing miscarriage of justice to the complainant and prosecution. ..... according to the applicant, serious miscarriage of justice has occasioned on account of the approach ..... court is that the high court may interfere in revisional jurisdiction when there is a 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. ..... , to contend that the high court can interfere in revision only in exceptional cases when there is a glaring illegality in the point of law and secondly there was miscarriage of justice. .....

Kishorilal Ramnath Dhoot and anr. Vs. Roots and Herbs Pvt. Ltd. and an ...

Court : Mumbai

Reported in : 2008(2)MhLj777

..... ) the supreme court clearly laid down that high court has under section 397 read with section 401 suo motu revision powers and under section 483 continuous supervisory jurisdiction so as to prevent miscarriage of justice or to correct irregularity of the procedure or to meet ends of justice and in addition it has also inherent powers under section 482, criminal procedure code. ..... totla contended that if the high court on examination of the record finds that there is gross miscarriage of justice, or abuse of process of the court 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, the high court has ..... by virtue of the powers under section 397(1), this court has suo motu powers of revision to rectify the mistake, if found that there has been grave miscarriage of justice, or abuse of the process of the court or that there is failure of justice etc. ..... there was no material to show that any miscarriage of justice or abuse of process was caused by the impugned ..... 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 ensue. .....

inderjit Mehta Vs. Smt. Parveen Mehta

Court : Punjab and Haryana

Reported in : I(2001)DMC361

..... there is nothing to suggest that she ever told her husband that she was ever pregnant or there was miscarriage or ever called for husband to doraha when she had been bed-ridden for 2/3 days if such an event had taken place. dr. ..... strong inference from this incorrect story of pregnancy and miscarriage can only be that she really suffered from this incorrect story of pregnancy and miscarriage can only be that she really suffered from ailment of the type which reduced the weight of the respondent quickly and made her too slim. ..... further the conduct of the respondent has been that she even raised the plea that she was even pregnant from the appellant and had a miscarriage and the medical evidence of dr. ..... she went to the toilet and miscarriage took place. ..... the miscarriage took place at the house of her parents on 23.7.1986. d.n.c. ..... now the wife is producing false evidence that she became pregnant and that there was a miscarriage.17. ..... sarla gopalan had opined that she did not notice any sign that the respondent was pregnant nor was there any sign of miscarriage. ..... she claimed that the pregnancy of four months got aborted by way of miscarriage. ..... she rather claimed that she had become pregnant from this wed-lock but unfortunately there was miscarriage. .....

Madan Raj Bhandari Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1970SC436; 1970CriLJ519; (1969)2SCC385; [1970]1SCR688; 1969()WLN37

..... a view to cause abortion of the child in her womb, the appellant took miss dass to jodhpur and there attempted to cause the miscarriage mentioned above through one mst. ..... to the admissions made by her in the committal court she came to know for the first time about her sister's intention to cause miscarriage only after her death. ..... radha at jodhpur to cause the miscarriage of one miss atoshi dass alias amola, who as a result of administration of tablets and introduction of 'laminaria dento' by the said ..... radha to cause the miscarriage in question but he was ultimately convicted of the offence of abetting miss dass in the commission of the said ..... could not have been aware of the fact that he would be required to show that he did not in any manner abet the deceased to cause miscarriage. ..... to cause abortion of the child in the womb of the deceased but curiously enough he was convicted for abetting the deceased to cause miscarriage. ..... other evidence has been relied upon either by the trial court or by the high court in support of the finding that the appellant was guilty of the offence of abetting the deceased to cause miscarriage.13. ..... portion of that letter indicates that the appellant was in any manner responsible for the steps taken by the deceased for causing miscarriage. ..... we have not thought it necessary to go into that question as in our opinion the contents of the said letter do not in any manner support the prosecution case that the appellant instigated the deceased to cause miscarriage. .....