Supreme Court · 1958 INSC 4 · Decided 6 February 1958
Kanta Prashad v. Delhi Administration
- Court
- Supreme Court of India
- Citation
- 1958 INSC 4 · [1958] 1 S.C.R. 1218
- Case number
- CRIMINAL APPEAL No. 202/1957
- Decided
- 6 February 1958
- Bench
- BHUVNESHWAR PRASAD SINHA, SYED JAFFER IMAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 5(2), 1208, 224, 109, 222; CrPC Section 337; Prevention of Corruption Act Section 5(2)
Headnote
K1tm'lr v Bltai .Jlool Singh Bo~e J. 1''1'.bruury 6. 1218 SUPHE:\IE C'OUHT JUWOH'l'S [1958] arbitrarily. or is based on a misunderstanding of the princi­ ples that govern its exercise. then interference is called for if there has been a resultant failure of justice. As we have said, the failure of justice if judgment is entered against a. man who, if he is allowed to prove his case, cannot but succeed. Accordingly, interference is called for here. The appeal is allowed. We set aside the orders of the High Court and the learned trial Judge and remand the case to the first
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