Search Results for "curable defect"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "curable defect"

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Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

High Court

Bombay High Court Dismisses Application for Recalling Witness in Election Petition — No Power to Recall Witness After Cross-Examination Under CPC and Representation of the People Act, 1951. The court held that Order XVIII Rule 17 CPC does not permit recall of a witness for further cross-examination after discharge, and inherent powers under Section 151 CPC cannot be invoked to circumvent specific provisions.

30 Nov -0001

The case arises from an election petition filed by Ravindra Ramji Mundhe (petitioner) challenging the election of Avadhoot Anil Tatkare (respondent No...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951.

22 Sep 2016

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembl...

Supreme Court

Supreme Court Dismisses SLP Against High Court Order Rejecting Election Petition for Incurable Defects and Disqualification Under Section 8(3) of the Representation of the People Act, 1951. The Court held that defects in verification and prayer are incurable under Section 86(1) and that disqualification continues despite suspension of sentence.

9 Dec 2020

The petitioner, Saritha S. Nair, filed her nomination as an independent candidate for the Ernakulam Lok Sabha constituency in the April-May 2019 elect...

Supreme Court

Supreme Court Allows Appeal of Employees in Cooperative Society Recruitment Case — Procedural Defects Not Attributable to Employees Cannot Invalidate Appointments After Long Service. The court held that appointments made pursuant to a public advertisement and approval by the Registrar, though allegedly in violation of amended Rule 3 of the Primary Cooperative Marketing Societies Rules under the Haryana Cooperative Societies Act, 1984, are not void ab initio and cannot be annulled after long unblemished service.

1 Jan 2026

The present appeal arises from a judgment of the Division Bench of the Punjab and Haryana High Court affirming the annulment of appointments of the ap...

Supreme Court

Supreme Court Dismisses Revenue's Appeal in Income Tax Assessment Nullity Case Due to Amalgamation. Assessment in Name of Non-Existent Entity Held Void Despite Participation by Successor Company.

25 Jul 2019

The Supreme Court dismissed the appeal filed by the Revenue against the judgment of the Delhi High Court which had upheld the Income Tax Appellate Tri...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case and Remands Matter to Arbitrator for Additional Reasons Under Section 34(4) of Arbitration and Conciliation Act, 1996. The Court held that lack of detailed reasons in an arbitral award regarding illegal termination of contract is a curable defect, permitting remission to the arbitrator for elimination of grounds for setting aside.

3 Jan 2022

The appeal arose from an order of the High Court of Judicature at Bombay dismissing a Notice of Motion filed by the appellant under Section 34(4) of t...

High Court

High Court of Karnataka Allows Defendant to File Properly Verified Written Statement in Commercial Suit — Order VI Rule 15-A CPC Compliance Essential for Leading Evidence. Defect in Verification is Curable; Defendant Permitted to Cure Defect Subject to Costs of Rs. 5,000.

22 Jul 2024

The petitioner, Mr. N. Babu Reddy, was the defendant in Commercial O.S. No. 104/2022 before the XI Additional District Judge (Dedicated Commercial Cou...

Supreme Court

Supreme Court Dismisses Appeal in IBC Section 7 Case — Procedural Defect of Affidavit Date Not Fatal. The Court held that a discrepancy between the date of verification and the date of affidavit in a Section 7 application under the Insolvency and Bankruptcy Code, 2016 is a curable defect and does not warrant rejection at the threshold.

1 Jan 2025

The case involves an appeal by Livein Aqua Solutions Private Limited (the corporate debtor) against HDFC Bank Limited (the financial creditor) concern...

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