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Retrial Can Be Ordered Only In Exceptional Cases

In Ajay Kumar Ghosal vs The State Of Bihar, the Hon'ble Supreme Court on Tuesday ruled that an order for retrial may be passed only in exceptional cases, where the appellate court is satisfied that an omission or irregularity has occasioned in failure of justice.

A two-judge bench comprising Justice Dipak Misra and Justice R. Banumathi was considering an appeal filed by accused persons against a Patna High Court judgment ordering re-trial of a dowry death case.

Article referred: http://www.livelaw.in/retrial-can-ordered-exceptional-cases-sc-read-judgment/

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