Failure of Justice Archives

Absence of signature on charge curable irregularity, de novo trial not justified unless failure of justice shown: Supreme Court

The Court held that a de novo trial cannot be ordered merely on technical grounds, particularly when the trial had substantially progressed and no real miscarriage of justice is shown.

Case Briefs High Courts

‘Appellate Court must respect Trial Court’s findings unless there is clear error/failure of justice’: Bombay HC upholds Single Judge’s order appointing Court Receiver in partnership dispute

The Single Judge in order dated 16-07-2024 held that there are enough documents proving that appellant had started construction on Virar property even though there is a status quo order, and thus, to safeguard and preserve the property, a Court Receiver needs to be appointed.

Case Briefs High Courts

Chh HC | Interdicting a criminal proceeding midcourse on ground of invalidity of the sanction order not appropriate unless failure of justice has occasioned as per S. 19(3) PC Act

Chhattisgarh High Court: Sanjay K Agrawal, J. dismissed the petition being devoid of merits. Facts The facts of the case are such

Case Briefs High Courts

Ker HC | S. 258 CrPC can be invoked only in peculiar and unusual circumstances when no prima facie case is made out against the accused

Kerala High Court: Raja Vijayaraghavan, J. set aside the order of discharge under Section 258 CrPC, passed by learned Judicial Magistrate First

Case Briefs High Courts

Del HC | Conviction under POCSO set aside where Amicus Curiae found to make no serious efforts to defend the accused

Delhi High Court: In view of the failure of justice on account of lack of effective cross-examination of prosecution witnesses, Sanjeev Sachdeva,

Case Briefs High Courts

Tri HC | Second revision petition not competent in view of S. 397(3) CrPC, reiterated

Tripura High Court: S. Talapatra, J., relying on the Supreme Court decision in Azghar Khan v. State of U.P., 1981 Supp SCC 78, dismissed a