Court : Supreme Court of India
..... power under section 311 is available to the court to reach a just decision, it cannot be 7 exercised unless the facts and circumstances of the case make it apparent as otherwise it would result in causing serious prejudice to the accused resulting in miscarriage of justice. .....
Tag this Judgment!Court : Karnataka
..... it invests the application of law with fairness to secure justice and to prevent miscarriage of justice. .....
Tag this Judgment!Court : Supreme Court of India
..... it is only in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence, that this court would interfere with such finding of fact. 18. ..... thus, when the judgment under appeal has resulted in grave miscarriage of justice by some misapprehension or misreading of evidence or by ignoring material evidence then this court is not only empowered but is well expected to interfere to promote the cause of justice.16. .....
Tag this Judgment!Court : Supreme Court of India
..... there is nothing in the words of this section which restricts the exercise of the power of the court to prevent the abuse of process of court or miscarriage of justice only to the stage of the fir. .....
Tag this Judgment!Court : Supreme Court of India
..... naseeb singh (supra) holds that a separate trial would not be contrary to law unless a miscarriage of justice can be demonstrated. ..... since the provisions which engraft an exception use the phrase may with reference to conducting a joint trial, a separate trial is usually not contrary to law even if a joint trial could be conducted, unless proven to cause a miscarriage of justice. 51.5. ..... a statutory right to establish that the procedure as prescribed under the law has not been followed and such non-adherence to the procedure prescribed has deprived him a fair opportunity to defend himself which occasioned in miscarriage of justice. ..... long back, it has been held by the hon'ble supreme court that the only principle which governs the criminal justice system is miscarriage of justice. .....
Tag this Judgment!Court : Karnataka
..... by relying on rajendra kumar sitaram pande s case, he submits that whenever there is any miscarriage of justice, the powers under section 379 can be exercised. ..... khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 6 discretion in the exercise of revisional jurisdiction should, therefore, be exercised within the four corners of section 397, whenever there has been miscarriage of justice in whatever manner. .....
Tag this Judgment!Court : Supreme Court of India
..... it is only in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence, that this court would interfere with such finding of fact. 18. ..... thus, when the judgment under appeal has resulted in grave miscarriage of justice by some misapprehension or misreading of evidence or by ignoring material evidence then this court is not only empowered but is well expected to interfere to promote the cause of justice. .....
Tag this Judgment!Court : Karnataka
..... by relying on rajendra kumar sitaram pande s case, he submits that whenever there is any miscarriage of justice, the powers under section 379 can be exercised. ..... khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 6 discretion in the exercise of revisional jurisdiction should, therefore, be exercised within the four corners of section 397, whenever there has been miscarriage of justice in whatever manner. .....
Tag this Judgment!Court : Karnataka
..... further, in view of the fact that the rejection of these claims appears to have been made on an inadequate appreciation of evidence and arguments presented by the appellant leading to a potential miscarriage of justice, exercising the appellate powers conferred upon this court under 48 section 37 of the arbitration and conciliation act, 1996, it is opined that the impugned award dated 14.03.2019 rendered by the sole arbitrator as well, requires to be .....
Tag this Judgment!Court : Karnataka
..... , cannot, during the trial, enter into and direct as to how the trial should be conducted, unless the conduct of the trial would result in miscarriage of justice. .....
Tag this Judgment!