an etymological chameleon

Supreme Court of India
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Author: .....J.
Bench: T.S. Thakur, Gyan Sudha Misra
 REPORTABLE
 IN THE SUPREME COURT OF INDIA
 CRIMINAL APPELLATE JURISDICITION
 CRIMINAL APPEAL NO.597 OF 2010
Sushil Ansal Appellant
 Versus
State Through CBI Respondent
(With Crl. Appeals No.598/2010, 599/2010, 600-602/2010, 604/2010, 605-
616/2010 and 617-627/2010)200. The expression failure of justice is not defined, no matter the expression is very often used in
the realm of both civil and criminal jurisprudence. In Shamnsaheb M. Multtani v. State of
Karnataka (2001) 2 SCC 577 this Court while dealing with that expression sounded a note of caution
and described the expression as an etymological chameleon. That simile was borrowed from Lord
Diplocks opinion in Town Investments Ltd. v. Department of the Environment 1977 (1) All E.R. 813.
This Court held that the criminal court, particularly the superior court should make a close
examination to ascertain whether there was really a failure of justice or whether it is only a
camouflage