Supreme Court of India
Ajay Kumar Ghoshal Etc. v. State of Blhar & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, the impugned judgment of the High Court is set aside and these appeals are allowed.
Judgment, page 12
From the headnote
Code of Criminal Procedure, 197 3 - s. 386 - Powers of the appellate court - High Court ordering re-trial of the dowry death case - Appeal thereagainst by accused persons - Held: Powers conferred by s. 386 is to be exercised only in exceptional cases, where the appellate court.is satisfied that the omission or irregularity has occasioned in failure of justice - Circumstances warranting retr.ial must be such where the trial l)!as. undertaken by the court ·having no jurisdiction, or trial was vitiated by serious illegality or irregularity on account of the misconception of nal'llre of
Authorities it was built on
Where later benches applied it
- 2021 Nasib Singh v. The State of Punjab & Anr.
- 2019 P Ramesh v. State Rep by Inspector of Police
- 2024 P. Manikandan v. Central Bureau of Investigation and Ors.
Of those, 2 relied on · 1 referred to
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