Miscarriage of Justice Archives

‘Ugly haste has been shown by the Trial Court’; Patna High Court orders fresh trial in POCSO case which concluded in one working day

The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.

Case Briefs Supreme Court

Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to attract alleged offences: Supreme Court

The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.

Case Briefs High Courts

Cancellation of bail without issuing notice to the applicants and without affording them a reasonable and sufficient opportunity of hearing is patently illegal; Allahabad High Court reiterates

Allahabad High Court: In a bail application filed by the applicants for quashing the proceedings and setting aside the bail

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Reconsideration of a case by District Forum, though warranted, must not be directed if it results in miscarriage of justice to complainant

National Consumer Disputes Redressal Commission (NCDRC): A Coram of Justice R.K. Agrawal (President) and Dinesh Singh (Member), disposed of a case centered

Case Briefs High Courts

All HC | Entertaining petitions under S. 482 at interlocutory stage filed with oblique motive to circumvent prescribed procedure results in miscarriage of justice

Allahabad High Court: Ram Krishna Gautam, J., dismissed this Application moved under Section 482 CrPC for being devoid of merits. Counsel for

Case Briefs High Courts

Gau HC | Criminal prosecution can’t be permitted to continue on whims and pleasures of litigants, criminal case based on likelihood of suspicion quashed

Gauhati High Court: Reiterating that mere likelihood of suspicion cannot be a reason to charge someone for an offence, Rumi Kumari Phukan, J.

Cyril Amarchand Mangaldas Experts Corner

Restriction on Advocates — Misconduct or Miscarriage of Justice

Anshuman Sakle, Partner, Dhruv Rajain, Senior Associate and Balaji Venkatakrishnan, Associate, Cyril Amarchand Mangaldas
Cite as: (2019) PL (Comp. L) February 82

Case Briefs Foreign Courts

Refusal of witness to answer questions not fatal to conviction of accused in the presence of incriminating evidence on record

Supreme Court of Canada: A five-judge Bench comprising of Wagner CJ and Abella, Côté, Rowe and Martin , JJ. while hearing Crown’s

Case Briefs Foreign Courts

No error by Trial Judge in addressing witness’s refusal to answer; convictions restored

Supreme Court of Canada: This appeal was filed before a 5-Judge Bench comprising of Wagner, CJ. Abella, Cote, Rowe and Martin, JJ.,