Court : Supreme Court of India
Reported in : AIR2009SC1542; 2009AIRSCW1060; 2008(15)Scale342; 2008(13)JT159; 2009(3)KCCR2005.
..... court has no power or jurisdiction to reverse an order of acquittal on a matter of fact, except in cases in which the lower court has `obstinately blundered', or has `through incompetence, stupidity or perversity' reached such `distorted conclusions as to produce a positive miscarriage of justice', or has in some other way so conducted or misconducted itself as to produce a glaring miscarriage of justice, or has been tricked by the defence so as to produce a similar result. 16. ..... for all these reasons it is true to say, with viscount simon, that `a miscarriage of justice may arise from the acquittal of the guilty no less than from the conviction of the ..... paramount consideration of the court is to ensure that miscarriage of justice is prevented. ..... paramount consideration of the court is to ensure that miscarriage of justice is avoided. ..... consideration of the court should be to avoid miscarriage of justice. ..... that the high court has no power under section 417, criminal procedure code, to reverse a judgment of acquittal, unless the judgment is perverse or the subordinate court has in some way or other misdirected itself so as to produce a miscarriage of justice. ..... a miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of ..... a miscarriage of justice which may arise from the acquittal of the guilty is no less than from the conviction of ..... a miscarriage of justice which may arise from the acquittal of guilty is no less than from the conviction of .....
Tag this Judgment!Court : Delhi
Reported in : 121(2005)DLT484; 2005(81)DRJ496
..... dealt with the question, it has warned against the possibility of falling into an error of reappreciating the evidence as if in appeal in the eagerness of correcting an error which may not have actually caused any gross miscarriage of justice. ..... that there must exist a manifest illegality in the judgment of the court of session ordering the acquittal or there must be a gross miscarriage of justice. ..... should in our opinion be exercised by the high court only in exceptional cases, when there is some 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. ..... supra) the supreme court permitted interference by the revisional courts in two situations; (1) where there was manifest illegality, (2) where there was gross miscarriage of justice. ..... the high court will ordinarily not interfere in revision with an order of acquittal except in exceptional cases where the interest of public justice requires interference for the correction of a manifest illegality or the prevention of gross miscarriage of justice. ..... in which a revision may be entertained are referred as those where the interest of public require interference for the correction of a manifest illegality or for prevention of gross miscarriage of justice. 8. ..... be exercised only in exceptional cases where the interest of public justice require interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice. .....
Tag this Judgment!Court : Karnataka
Reported in : [1998]94CompCas141(Kar)
..... thus, it has to be examined whether there is any error of law or jurisdictional error and whether that would lead to miscarriage of justice to anyone, as regards the question of notice under section 10 of the carriers act, 1865, it would be appropriate, firstly, to refer to and quote section 10 of the carriers act, 1865, which reads as under :'10. ..... it has further not been shown or pointed out as to how any miscarriage of justice can be said to have taken place on account of misjoinder.21. ..... thus, the high court under section 18 of the karnataka small causes courts act, 1964, is required to examine if there has been any miscarriage of justice and the decision was in accordance with law. ..... 223 ; 40 bom lr 125 where the learned chief justice dealing with section 25 of the provincial small cause courts act, observed : 'the object of section 25 is to enable the high court to see that there has been no miscarriage of justice, that the decision was given according to law. ..... jurisdiction is confined to see whether the decision of the court below, is according to law, which means that the decision of the court below must suffer from any error of law, or jurisdiction which has tendency to cause miscarriage of justice and irreparable loss or injury to the party concerned. ..... it refers to the overall decision, which must be according to law which it would not be, if there is a miscarriage of justice due to a mistake of law. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ722
..... that has been referred, i am of opinion that this principle would apply even to a case where there has been an acquittal and it would be open to the prosecution to contend that there has been a miscarriage of justice by reason of the fact that the judge acted upon the evidence recorded by his predecessor and it would be open to the appellate court to set aside the judgment of acquittal if it comes to the conclusion that ..... judgment is not necessarily liable to be set aside as it does not affect the jurisdiction but could be set aside if it has prejudiced the accused or has resulted in the miscarriage of justice, and in this respect i agree with the minority judgment in the case of laxman v. ..... a magistrate who has based his conclusion upon the evidence recorded by his predecessor would ordinarily be set aside when it appears that it has prejudiced the accused or has resulted in miscarriage of justice, otherwise not. ..... of a magistrate who has based his conclusion upon the evidence recorded by his predecessor would ordinarily be set aside when it appears that it has prejudiced the accused or has resulted in miscarriage of justice, otherwise not.4. ..... criterion would be whether the appellate court thinks that there has been a palpable miscarriage of justice.siddiqi, j.9. ..... had the opportunity of watching the demeanour of the witnesses and the friend of the evidence, it is primarily a matter for the appellate court to determine whether by such a trial there has resulted a miscarriage of justice.17. .....
Tag this Judgment!Court : Kerala
Reported in : 1987CriLJ170
..... since cognizance was already taken and there is no case of prejudice or miscarriage of justice, the impugned order is illegal and it has to be vacated.the criminal revision petition is allowed and the order of the magistrate ..... illegality in the matter of collection of such materials, unless it resulted in prejudice or miscarriage of justice, cannot stand in the way of cognizance of the offence being taken and the ..... satisfied that investigation without permission was continued beyond six months without special reasons and without the interests of justice being served and it resulted in prejudice or miscarriage of justice, he can refuse to take cognizance also. ..... six months without an order from the magistrate, at any rate, will not vitiate that part of the investigation, in the absence of prejudice or miscarriage of justice being shown. ..... irregularity in the investigation on the basis of which the final report has been filed will not invalidate or vitiate the proceedings unless it is shown that prejudice has been caused to the accused or any miscarriage of justice resulted thereby. ..... find that by continuance of such investigation and filing of the charge-sheet based on it any prejudice was caused to the accused or miscarriage of justice resulted. ..... a police report vitiated by breach of a mandatory provision relating to investigation the result of the trial that follows will not become illegal or non est unless the illegality is shown to have resulted in prejudice or miscarriage of justice. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)ALT(Cri)512; 1999CriLJ1117; ILR1999KAR835; 1999(2)KarLJ99
..... 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 of miscarriage of justice or to correct irregularities/incorrectness committed by inferior criminal court in its judicial process or illegality of sentence or order.when revision has been barred by section 397(3) of the code, a person accused/complainant ..... 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 is justified in interfering with the order leading to miscarriage of justice.the power of the high court of continuous supervisory jurisdiction under section 483 is of paramount importance to examine correctness, legality or propriety of any finding, sentence or order, recorded or passed as ..... has after recording the sworn statement, issued the process finding that prima facie case is made out cannot be said in the circumstances, there is any abuse of process of law and miscarriage of justice which has to be interfered with from the orders passed by the learned ix additional chief metropolitan magistrate, bangalore and also it is to be noted in the rarest of the ..... 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 met out justice. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All180
..... the sub-divisional officer quashed the order not on the ground of any miscarriage of justice but simply on the ground that all the five panchas had not discussed the merits of the case with one another and that two of them had not given their ..... under section 85 of the panchayat raj act, if there has been a miscarriage of justice in any proceeding under the land revenue act the sub-divisional officer may, for reasons to be recorded in writing, quash the order passed by the panchayati ..... apparently whether the case resulted in a miscarriage of justice or not did not enter into the mind of the sub-divisional officer at all and he quashed the order simply on the ground of a supposed irregularity ..... that there was no miscarriage of justice and that the sub-divisional officer hasnot found out that there was any miscarriage of justice. ..... -divisional officer did not at all consider whether there resulted any miscarriage of justice.though he quashed the order on the ground that all the panchas had not discussed the matter with one another and that two of them had not given their opinions, he did not discuss whether, or hold that, it amounted to a miscarriage of justice. ..... no jurisdiction to quash it on any other ground; for instance, he had no jurisdiction to quash it on the ground of any illegality or irregularity not causing a miscarriage of justice. ..... the sub-divisional officer could quash the order passed by the panchayati adalat only on the ground that there had been a miscarriage of justice. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(8)SC650; 2008(11)SCALE233; 2008AIRSCW6322
..... but when it appears that the findings of facts arrived at are bordering on perversity and result in miscarriage of justice, this court will not decline to quash such findings to prevent the miscarriage of justice.35. ..... the paramount consideration of the court is to ensure that miscarriage of justice is avoided. ..... the miscarriage of justice which may arise from the acquittal of the guilty is no less than from the conviction of an innocent.36. ..... in our opinion, the guilt of the respondents has been established by the prosecution beyond reasonable doubt and their acquittal resulted in grave miscarriage of justice. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj58; (1982)1GLR171
..... down as follows: (para 3)'it is true there is nothing in article 226 of the constitution to preclude the high court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it, but there are definitive limits to the exercise of the power of review. ..... of the parties directly affected was a good ground for exercise of the review powers of the high court under the obvious plea that miscarriage of justice should be prevented and a palpable error on the face of the record should be corrected. ..... order 47 of the civil procedure code to the writ jurisdiction of the high court, it firmly established the existence of such powers, but they clarified that such inherent powers could be invoked 'to prevent miscarriage of justice or to correct grave and palpable errors committed by the high court. ..... the supreme court reiterated that there is nothing in article 226 of the constitution to preclude the high court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors constituted by it. ..... court stated in unmistakable terms that there is nothing in article 226 of the constitution to preclude a high court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice-or to correct grave and palpable errors constituted by it. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(3)WLC73; 1995(2)WLN40
..... in view of the aforesaid facts and circumstances, it is not possible for us to hold that the penalty of removal from service imposed by the divisional superintendent, northern railway, bikaner has either occasioned failure of justice or amounted miscarriage of justice to the appellant.30. ..... nothing has been brought to our notice by the learned counsel appearing on behalf of the appellant in the present case either excess of authority or flagrant and palpable violation of law causing a grave and manifest miscarriage of justice to the appellant.20. ..... a writ of certiorari as prayed in the present writ petition, cannot be issued as a matter of course but it can be issued only in cases of excess of authority or flagrant and palpable violation of law causing a grave and manifest miscarriage of justice. .....
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