Court : Guwahati
..... its jurisdiction is circumscribed and confined to correct error of law or procedural error resulting in manifest miscarriage of justice or violation of the principles of natural justice. .....
Tag this Judgment!Court : Guwahati
..... therefore, this was an issue which was required to be gone into by the learned labour court and failure to do so, has caused miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... the fact that the victim turned pregnant from the side of the accused and miscarriage was done is not proved by any convincing evidence. ..... the defence side had examined the doctor which was referred by the victim that he was the person who caused her miscarriage and the said doctor shri d.c. .....
Tag this Judgment!Court : Guwahati
..... when such a procedure is not adopted, there exists inherent danger of miscarriage of justice on account of virtual denial of a fair opportunity to meet the case of the other side . 27. ..... failure to frame proper issues may misdirect the trial causing prejudice to either of the parties eventually leading to miscarriage of justice. 26. .....
Tag this Judgment!Court : Guwahati
..... with the order of acquittal passed by the trial court, if such order is found to be on the basis of the unwarranted assumptions and on manifestly erroneous appreciation of evidence by ignoring valuable and credible evidence resulting in serious and substantial miscarriage of justice. .....
Tag this Judgment!Court : Guwahati
..... sarma that in any view of the matter, there is a remote possibility of securing a conviction against the petitioners and allowing the case to proceed will result in miscarriage of justice. 12. .....
Tag this Judgment!Court : Guwahati
..... her granddaughter was also taken to the hospital on 7.10.2010 for medical examination and that she had a miscarriage after sometime and she kept the victim at cpd home, dawrpui vengthar, aizawl and the victim is pursuing her studies from there. ..... she had a miscarriage after one week and hospitalized for a week or so and now she is staying at aizawl in cpd home, dawrpui vengthar and pursuing her study at vaivakawn high school. .....
Tag this Judgment!Court : Guwahati
..... supra), goes in favour of the petitioner inasmuch as it has been clearly held by the supreme court, in himmat singh chahar (supra), that if there is an infraction of any mandatory provisions of the act prescribing the procedure, which has caused miscarriage of justice, or that the authority, exercising the jurisdiction had not been vested with jurisdiction under the act, the high court is entitled to exercise its power of judicial review ..... . if this court does not step forward and stop the actions, which the respondents have been taking in consequence of the proceedings of the court of inquiry, there would be serious miscarriage of justice and the loser would be not only the petitioner, but also the administration of justice ..... . such being the position, rule 180 simply codifies the said requirement in explicit terms to avoid miscarriage of justice and complications arising out of a denial of opportunity to the affected person ..... the enquiry report to a delinquent employee would not ipso facto render the proceeding null and void unless the delinquent employee pleads and proves that non-supply of the report has caused prejudice and miscarriage of justice .....
Tag this Judgment!Court : Guwahati
..... besides, should the dying declaration be excluded it will result in miscarriage of justice because the victim being generally the only eyewitness in a serious crime, the exclusion of the statement would leave the court without a scrap of evidence. 11. .....
Tag this Judgment!Court : Guwahati
..... empowering the writ court to entertain a review petition, there is nothing under 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. ..... further opined that the fair trial consists not only in technical observance of frame and forms of law, but also in recognition and just application of its principles in substance, to find out the truth and prevent miscarriage of justice. ..... (supra), commonly known as best bakery case , the apex court giving emphasis on the principle of fair trial, has opined that the just application of its principles in substance is to find out the truth and prevent miscarriage of justice. .....
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