ground of its propriety or impropriety, with a view to preventing injustice. It is true that the powers are not in the nature ... order in appropriate cases where it appears to it that grave injustice will result if such powers are not exercised. We may incidentally mention that
Code to set aside an order which has caused a grave injustice.
7. Three questions, therefore, emerge for decision in this case. The first question ... ground. In my opinion when the High Court finds that a grave injustice has been committed through information conveyed to it by an application
ignorance or
utter disregard of the proposition of law and a grave injustice or gross
failure of justice has occasioned thereby. The supervisory jurisdiction ... restricted to cases of grave dereliction of
duty and flagrant abuse of fundamental principles of law or justice,
where grave injustice would be done unless
invoked in
a case if it is shown that a grave injustice has been done to a party.
18. In the instant case, as elucidated ... referable to grave dereliction of duty and flagrant abuse of power by the
subordinate Courts and Tribunals resulting in grave injustice to a party
under the circumstances of a case, such an interference to avoid grave injustice is necessary will depend on the facts of each case. However ... case lays down that with a view to avoid grave injustice occurring in a particular case the order passed by the domestic tribunal
manner not permitted by law and failure of justice
or grave injustice has occasioned thereby, the High Court may step in to
exercise its supervisory ... referable to grave
dereliction of duty and flagrant abuse of power by the subordinate courts and
tribunals resulting in grave injustice to any party
cases of grave dereliction of duties and gross violation, to be used/exercised most sparingly in cases of grave injustice, but there is a shift ... utter disregard of the provisions of law. and (2) a grave injustice or gross failure of justice has occasioned thereby.
33. Rejina Begum (supra), then
Oriental Insurance Co. Ltd. vs Mustt. Rejina Begum And Ors. on 20 January, 2005
Equivalent
prevent miscarriage of justice
(c) to prevent grave injustice
(d) to establish both administrative as well as judicial power of High
Court.?
25. Further, though ... cases of grave
dereliction of duty or flagrant violation of law, and would be exercised most
sparingly, in cases where grave injustice would be done
hand and has miserably failed to exercise its jurisdiction resulting in grave injustice caused to the plaintiffs and in such circumstances ... manner not permitted by law and failure of justice or grave injustice has occasioned thereby, the High Court may step in to exercise its supervisory
