Writ Jurisdiction and Arbitral Autonomy: Striking the Right Balance in India’s Arbitration Landscape
by Vasanth Rajasekaran* and Harshvardhan Korada**
Miscarriage of Justice
[Rinima Begum Murder Case] ‘Order suffered from serious infirmities resulting in miscarriage of justice’; Gauhati HC cancels bail granted to two men
The Court stated that the order granting bail is passed in contravention to the well-established jurisprudence of bail, as Respondents 2 and 3, who were involved in heinous crimes, their release will result in weakening of prosecution case and will also have an adverse impact on the society.
‘An accused has fundamental right to fair trial’; Madhya Pradesh High Court allows petition to call witnesses in a cross-case
Madhya Pradesh High Court opined that Section 243 of the CrPC nowhere bars the investigating officer of cross-case to appear on behalf of accused in the case in which he is a complainant.
Refusal to re-hear matter after reservation of order in company petition does not cause miscarriage of justice: NCLAT
“Debt acknowledgment in balance sheets and OTS proposal demonstrated Corporate Debtor’s awareness of assignment, rendering technical challenges unfounded.”
“Multiple inconsistencies in evidence”; Supreme Court acquits murder convicts after 10 years in prison
“When the testimonies of the eye-witnesses suffer from fatal flaws, to sustain conviction on the basis of such unreliable evidence would surely amount to miscarriage of justice”
Abetment of Suicide| Quashing would result in miscarriage of justice as prima facie evidence supports trial: Calcutta High Court
Calcutta High Court noted that the victim was a minor on the date of the alleged suicide, which prima facie invoked Section 305 of the IPC.
‘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.
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.
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
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
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
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.
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
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
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.,