Judgment Search Results Home > Cases Phrase: miscarriage Sorted by: recent Court: sikkim Page 1 of about 51 results (0.015 seconds)

Abhijit Dasgupta Vs. The State of Sikkim

Court : Sikkim

..... jurisdiction of the high court in a criminal revision application is severely restricted and it cannot embark upon a reappreciation of the evidence that it is only in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice that this court would interfere with such finding of fact . .....

State of Sikkim Vs. Tempa Lendup Lachenpa

Court : Sikkim

..... the supreme court further said that the paramount consideration of the court is to ensure that miscarriage of justice is prevented. ..... a miscarriage of justice which may arise from acquittal of the guilt is no less than from the conviction of an innocent. .....

State of Sikkim Vs. Aita Hang Subba @ Kaley

Court : Sikkim

..... darshan singh (supra) paramount importance of the court is to ensure that miscarriage of justice is avoided. .....

Bhawani Shankar Dahal Vs. Ganga Maya Dahal and Another

Court : Sikkim

..... it was further alleged that in the morning of 23.06.2010, the non-applicant assaulted the applicant with folded hand on her back and with a rice-cooker at her stomach, resulting in miscarriage of applicant. .....

Kul Chandra Baral Vs. State of Sikkim

Court : Sikkim

..... on the question of grant of sanction by the complainant, it is submitted that unless prejudice and miscarriage of justice is established by the accused, any irregularity in sanction order does not in any manner vitiate the trial, particularly, when both the courts have concurrently ..... is that the revisional jurisdiction by the high court is intended to be exercised in exceptional circumstances and cases where a glaring defects of the procedure or massive error on the point of law resulting in flagrant miscarriage of justice is found in the judgment impugned before the revisional court. ..... caused not only prejudice to the accused/petitioner, but is sufficient to inter miscarriage of justice rendering the entire trial illegal and vitiated. ..... under section 197 read with section 409 was required and secondly, even if there have been some error in grant of sanction, the petitioner has failed to show any prejudice caused, failure of justice or miscarriage of justice in any manner. ..... the revisional court is not disarmed to exercise the revisional jurisdiction where the findings of fact recorded by the courts below are perverse in nature and/or are in gross violation of settled procedural safeguards or tantamount to miscarriage of justice. ..... the jurisdiction of the high court under section 439 is to be exercised only in exceptional cases when there is a glaring defect in the procedure or there is a mainfest error on a point of law which has consequently resulted in flagrant miscarriage of justice. .....

State of Sikkim Vs. Santosh Kumar Bardewa and Others

Court : Sikkim

..... it is an enabling provision provided by the legislature most consciously so that no miscarriage of justice is caused by shutting out the prosecution from bringing in relevant evidence. .....

State of Sikkim Vs. Rakesh Rai @ Vishal Rai @ Purna Rai and Another

Court : Sikkim

..... the only fetter in reversing a decision is that, reasons ought to be given while rendering the judgment as to why the acquittal has not been justified, the paramount consideration of the court being to ensure that miscarriage of justice is prevented. ..... the paramount consideration of the court is to ensure that miscarriage of justice is prevented. ..... a miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. .....

Prashant Kumar Goyal Vs. Sogra Khatoon and Others

Court : Sikkim

..... in order to meet the ends of justice particularly when the documents should proposed to be marked as additional documents, court order and public documents are related to the suit property otherwise refusal to grant leave will end in miscarriage of justice, of course, also appreciate the grievance of the respondent/plaintiff that he should not be deprived of the opportunity to examine his witnesses with reference to these additional documents and to adduce evidence if he is so advised ..... by the learned trial judge to meet the ends of justice particularly when the additional documents proposed to be produced are public documents and they are related to the suit property, as otherwise, refusal of leave will result in miscarriage of justice. .....

Ram Krishna Pradhan Vs. Bhagawat Prasad and Others

Court : Sikkim

..... in the said case, it was the plaintiff who had taken the application for amendment of the plaint to correctly describe the suit premises, which if not amended would result in the miscarriage of justice for want of correct description. .....

Chandra Bahadur Katwal Vs. State of Sikkim and ors.

Court : Sikkim

Reported in : 2006CriLJ2751

..... in addition to the above, it was also contended by the learned counsel for the petitioner that the impugned judgment led to gross miscarriage of justice also on account of the fact that the appeal court failed to take a right view of the evidence on record.20. ..... as such, interference of this court was called for, in order to correct the manifest illegality committed by the courts below, and to prevent gross miscarriage of justice in exercise of the power of revision, shri j. b. ..... that, the powers of revisional court are very limited and interference by high court in revision would be justified only in exceptional cases of gross miscarriage of justice, manifest illegality or perversity, etc.8. ..... in the above circumstances, it is but legitimate to conclude that, the manner in which the learned appeal court dealt with the evidence on record and came to its conclusion by totally overlooking a material evidence, has undoubtedly resulted in miscarriage of justice, and the interest of public justice requires this court to interfere so as to prevent gross miscarriage of justice. ..... hamal that the courts below had overlooked material evidence resulting in flagrant miscarriage of justice. .....