Supreme Court · 2017 INSC 90 · Decided 31 January 2017
Ajay Kumar Ghoshal ETC. v. State of Blhar & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 90 · [2017] 1 S.C.R. 469
- Case number
- CRIMINAL APPEAL No. 119/2017
- Decided
- 31 January 2017
- Bench
- DIPAK MISRA, R. BANUMATHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 386, 386(b), 386(b)(i)
Headnote
469 AJAY KUMAR GHOSHAL ETC. v. STATE OF BlHAR & ANR. (Criminal Appeal Nos. 119-122 of2017) JANUARY 31, 2017 [DIPAK MISRA AND R. BANUMATHI, JJ.) Code of Criminal Procedure, 197 3 - s. 386 - Powers of the appellate court - High Court ordering re-trial of the dowry death case - Appeal 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 proceedings or irregularity
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