Judgment Search Results Home > Cases Phrase: miscarriage Sorted by: recent Court: guwahati Page 10 of about 916 results (0.015 seconds)

Banshilal Suthar Vs. Manaklal Jhawar and ors.

Court : Guwahati

..... interference, however, is permissible only when the courts below appear to have acted without or beyond jurisdiction and/or the judgments are ingrained with material irregularities resulting into miscarriage of justice. .....

Jiten Bordoloi Vs. Chouhan Pandit and ors.

Court : Guwahati

..... rules of procedure are made to advance the cause of justice and not to defeat it, the rules of procedure are the handmaid of justice and not its mistress, construction of a rule or procedure, which promotes justice and prevents miscarriage, has to be preferred and. ..... construction of the rule or procedure, which promotes justice and prevents miscarriage has to be preferred. .....

State of Mizoram Vs. Lalzarliana

Court : Guwahati

..... in view of the above, to have a fair trial and to prevent miscarriage of justice and also with a view to bring the truth, which is the purpose of criminal trial, i am inclined to exercise the power under section 391 cr pc and direct the learned magistrate i.e. ..... to the court not to be merely exercised at the bidding of any one party/ person but the powers conferred and discretion vested are to prevent any irretrievable or immeasurable damage to the cause of society, public interest and miscarriage of justice. .....

National Insurance Co. Ltd. Vs. Kanai Dasgupta and ors.

Court : Guwahati

Reported in : [2008(118)FLR268]

..... of law and such a direction cannot be allowed to survive, for, non-interference with such an order and non-exercise of supervisory jurisdiction of this court under article 227 of the constitution, in such a case, would cause serious miscarriage of justice.13. .....

The State of Manipur Vs. Waikhom Yaima Singh

Court : Guwahati

..... the learned sessions judge had committed a miscarriage of justice in acquitting the respondent/accused by passing the impugned judgment and order by misconstruing and by misunderstanding the evidentiary value of the fir/ejahar and also the purpose, for which fir to be used under the ..... the consideration of the court is to ensure that miscarriage of justice which may arise from acquittal of the accused is not less than from the conviction of an innocent. ..... : 2002crilj2024 the apex court held that the paramount consideration of the court is to ensure that miscarriage of justice is prevented. .....

Chanambam Menjor Singh Vs. Comdt./C.O. 61 Crpf and ors.

Court : Guwahati

..... ...the exaggerated adherence to and insistence upon the establishment of proof beyond every reasonable doubt, by the prosecution, ignoring the ground realities, the fact situations and the peculiar circumstances of a given case often result in miscarriage of justice and makes the justice delivery system a suspect. .....

Smt. Rupa Bania Vs. State of Assam

Court : Guwahati

..... not deliberately enumerated the circumstances in which a re-trial can be ordered and it would, therefore, be possible for an appellate court to direct re-trial in a case, where a re-trial is warranted and/or when not holding of the re-trial would result in miscarriage of justice.26. ..... such a direction was not only within the ambits of powers of the appellate court, but were, in fact, in the facts and attending circumstances of the case, wholly justified, for, omission to do so would have caused serious miscarriage of justice.28. .....

Shri Yumnam Anand Meitei Alias Bocha Vs. State of Manipur and ors.

Court : Guwahati

..... girja shankar pant (2001) 1 scc 182 : air 2001 sc 24 held that the object of the doctrine of natural justice is not only to secure justice but to prevent miscarriage of justice. .....

Nidhan Biswas and ors. Vs. State of Tripura

Court : Guwahati

..... in an 'in-house' or 'bed-room' vio lence, it is not possible to collect direct evidence of torture and humiliation and, therefore, insistence on such direct evidence in dowry related cases would lead to miscarriage of justice. .....

Sreenivas Basudev Vs. Vineet Kumar Kothari

Court : Guwahati

..... cautioning the courts that the rules of procedure are made to advance the cause of justice and not to defeat it, construction of a rule or procedure, which promotes justice and prevents miscarriage, has to be preferred, the rules of procedure are the handmaid of justice and not its mistress and that the discretion of the court to extend the time shall not be so frequently and routinely exercised so as to 'nullify the ..... construction of the rule or procedure, which promotes justice and prevents miscarriage has to be preferred. ..... such orders, as the ones, which stand impugned in the present revision, shall, if, allowed to stand good on record, cause serious miscarriage of justice. .....