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J.S.B. Birch Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1911)13BOMLR9
AppellantJ.S.B. Birch
RespondentEmperor
Excerpt:
practice-criminal proceedings-special leave to appeal-what the applicants must show by their petition.;his majesty will not review criminal proceedings unless it be shown that by a disregard of the forms of legal process, or by some violation of the principles oft natural justice, or otherwise, substantial and grave injustice has been done.;in re abraham mallory dillet, (1887) 12 app. cas.459. followed.;the applicants ought to show the materials upon which one of those propositions can be established and ought fully to inform the board of the facts. - - 2. the rule as regards criminal proceedings is very well known, and was laid down in dillet's case (1). it was there said:.....not shown the materials, have not fully informed the board of the facts, nor have they even given a summary view of the course of the trial, and of the.....
Judgment:

Chancellor, J.

1. Their Lordships are unable to advise His Majesty that leave to appeal should be given in this case.

2. The rule as regards Criminal Proceedings is very well known, and was laid down in Dillet's case (1). It was there said: 'Her Majesty will not review Criminal Proceedings unless it be shown that by a disregard of the forms of legal process, or by some violation of the principles of natural justice, or otherwise, substantial and grave injustice has been done.'

3. The applicants ought to show the materials upon which one of those propositions can be established, and ought fully to inform the Board of the facts.

4. In the present case the applicants have not shown the materials, have not fully informed the Board of the facts, nor have they even given a summary view of the course of the trial, and of the evidence.


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