Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Art. 136 - Scope of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950:Art. 136 - Scope of - The extra ordinary jurisdiction and c power vested in Supreme Court is not exercised to upset concurrent findings of fact recorded by the two courts below on a proper appreciation of evidence but only in those rare and exceptional cases where the appreciation of evidence is found to be wholly unsatisfactory causing miscarriage of justice 0 - Similarly, scope of interference by Supreme Court with quantum of punishment awarded by High Court is limited to cases where the sentence awarded is manifestly inadequate and punishment reduced is tantamount to failure of justice - Constitution of India, 1950 - Art. 21.Penal Code, 1860:ss. 304-A, 337 and 338 r/w s. 36 and s. 14 of Cinematograph Act, 1952 - Gross negligence - Uphar Cinema tragedy in Delhi - Conviction - Sentence of 2 years F RI, reduced by High Court to 1 year - Conviction upheld except of Inspector and Fitter of DVB, whose conviction u/s 304A altered to ss.337 and 338 - There being difference of opinion as to quantum of sentence, matter referred to larger Bench - Cinematograph Act, 1952 - s. 14.Criminal Law: 'Rash' or 'negligent' - Meaning of - Explained.Negligence' in regard to use of buildings, particularly, cinema hall - Liability of occupier(s) - Degree and nature of care expected of an occupier of a cinema building - Explained Cinematograph Act, 1952; Delhi Cinematograph Rules, 1953) and Delhi Cinematograph Rules, 1981 - General Clauses Act, 1897 - s.6. c Doctrine of causa causans - Explained - In the instant case, causa causans was not the fire, but the breaches committed by the occupiers of cinema and other accused persons, which prevented or at least delayed rapid dispersal of cinema viewers, and resulted in the tragedy. A Code of Criminal Procedure, 1973: D s.464 - Error, omission or irregularity in framing of charge - Shall not invalidate any sentence or order passed by a court of competent jurisdiction unless in the opinion of a court of appeal, confirmation or revision a failure of justice has in fact been occasioned thereby. Administrative Law: E Safety and security of citizens - Enforcement of relevant laws - Duty of persons/authorities entrusted with enforcement of such laws - Emphasised.Administration of criminal justice: Flawed investigations and long winding criminal trial - Brings the case to an uncertain end - Investigation. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 168 |
Petitioner | Sushil Ansal |
Respondent | State Through Cbi |
SCR | [2014] 9 S.C.R. 571 |
Judgement Date | 2014-03-05 |
Case Number | 597 |
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