High CourtsFull Bench(1910) 12 BOM CK 0012

J.S.B. Birch vs Emperor

Bombay High Court · Decided on 14 December 1910 · Citation: (1911) 13 BOMLR 9

HON’BLE JUDGES
Robson, J · Macnaghten, J · Chancellor (Loreburn), J · Atkinson, J

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Judgment

4 paragraphs · 148 words

Chancellor, J.—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.