material irregularity in the course of the trial resulting in miscarriage of justice, but, in any other case, may dismiss the appeal where the Tribunal ... considers that no miscarriage of justice is likely to be caused or has actually resulted to the appellant: Provided that no order dismissing the appeal
manifestly
erroneous' or 'demonstrably unsustainable', which resulted
in miscarriage of justice. According to him, the view taken
by the Trial Court ... reached such
'distorted conclusions as to produce a positive
miscarriage of justice', or has in some other way so
conducted itself
three categories: (1) manifest error in the
earlier proceeding, (2) resulting miscarriage of
justice, and (3) new facts which the complainant
had no knowledge ... thereon
would be due. to a manifest error resulting in a
miscarriage of justice. In such a case, a second
complaint is entertainable
perversity'
reached such `distorted conclusions as to produce a positive
miscarriage of justice', or has in some other way so
conducted or misconducted ... itself as to produce a glaring
miscarriage of justice, or has been tricked by the defence so
as to produce a similar result
perversity'
reached such `distorted conclusions as to produce a positive
miscarriage of justice', or has in some other way so
conducted or misconducted ... itself as to produce a glaring
miscarriage of justice, or has been tricked by the defence so
as to produce a similar result
perversity'
reached such `distorted conclusions as to produce a positive
miscarriage of justice', or has in some other way so
conducted or misconducted ... itself as to produce a glaring
8
miscarriage of justice, or has been tricked by the defence so
as to produce a similar result
petition it has
to be shown that there has been a
miscarriage of justice. Of course,
the expression “miscarriage of
justice” is all-embracing ... fact did not
exist and its perpetration shall
result in a miscarriage of justice
nothing would preclude the Court
from rectifying the error. This
Court
Page 5 of 34
case of any fraud, collusion or miscarriage of justice in the assessment
proceedings where tax assessed is disproportionately high in relation ... down the priority demand on the ground that there was
gross miscarriage of justice in making an order of assessment in the case
perversity'
reached such `distorted conclusions as to produce a positive
miscarriage of justice', or has in some other way so
conducted or misconducted ... itself as to produce a glaring
miscarriage of justice, or has been tricked by the defence so
as to produce a similar result
perversity' reached such `distorted
conclusions as to produce a positive miscarriage
of justice', or has in some other way so
conducted or misconducted ... itself as to produce a
glaring miscarriage of justice, or has been tricked
by the defence so as to produce a similar result
