...Reporter. Though such defects are curable defects and those defects can be cured with the leave of the Court, but the learned advocate appearing for the appellant instead of taking steps to cure t.... Mr. Ramesh Chandra Paul For the Appellant. This is a defective appeal. There are m...defects in the appeal, wants to withdraw the appeal for filing a first appeal for challenging the judgement and decree passed by the learned Trial Judge in the probate proceeding. On such...

...conclusive and that defects can be cured. Provisions of sections 110, 115 and 116 of Chapter IV of this Part also support this view. Section,110 provides the procedure for the withdrawal of a petition...is therefore clear that the provisions of the law relating to the impleading of parties are not necessarily fatal and can be cured. It is for the tribunal to determine the matter as and when it...comply with the provisions of section 82. Such a petition can only be dismissed at the conclusion of the trial and on grounds sufficient to dismiss it (section 98). Specific provisions have been made...

...writ applicant and the defects can be cured. 4. We find no merit in the writ application and the same is accordingly dismissed. 5. Urgent certified copy of this... Immoral Traffic (Prevention) Act, 1956 is the curable defect and it can be cured at a later stage. As far as making out a prima facie case is concerned, the learned Assistant Government...order be granted on proper application. (S.K.Mishra, J.) Kaushal ...

...that the Application is incomplete in certain particulars. 3.The learned counsel for the revision petitioners submitted that these defects can be cured by the trial Court and even subsequently, it...that the said Application can be ignored. 5.The Civil Revision Petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is...plead the encroachment made by the defendant and also to include a prayer for mandatory injunction that the same be delivered back to the plaintiffs. This was dismissed by the trial Court on the ground...

...; therefore defects can be cured only through his dashboard. The defects already noted were informed to the petitioner and the dashboard of the petitioner can ...IT section over Telephone to get the file uploaded properly as per the filing Rules. Even though some of the defects are cured, the file is still defective. Subject chosen... JUDGMENT The unnumbered writ petition was posted before the Bench after noting the following defects...

...trial has not yet commenced. In such cases, Magistrate can discharge the accused and return the defective reportand defects can be cured and Abkari Officer as defined in the Act can file report ac...constructions can be put upon a penal provision, the Court must lean towards that construction which exempts the subject from penalty rather than the one which imposes penalty. It is not competent to...report was filed by a person otherthan an Abkari Officer. Hence, Vikraman's case cannot be acceptable as an authoritative decision that despite the mandatein S. 50 Magistrate can take cognizance on a...

...’) read with S. 271(5) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as ‘the Act’).3. It is the contention of the appellants that only procedural defects can be cured by...permission was affirmed as can be seen from Ext. R4(9). Permission of the Ground Water Department is Ext. R4(10). A reading of various exhibits would show that all statutory authorities have granted the...purchased 22.31 acres of land within the area of the appellant panchayat and a portion of the above land is to be used for the above unit. It approached various statutory authorities, namely, Geologist...

..., it is not possible to permit the same in view of the defects found in the invoices.6.6 However, considering the Ld. Advocate's submission that these defects can be cured at this stage...be claimed by them. He points out that the original authority though has found (in para-11) that rent and security are eligible services for availing cenvat credit, it is not possible to extend the...have the details of proportionate cost of the common services as would be applicable to the appellants. Such working is available now and he prays for remand of the matter to the original authority so...

...the Court, and that such defects can be cured in appeal or even after the period of limitation was the view held in In the Matter of the Petition of Bisheshar Nath,7 Netram v. Bhagwan,8 Ali...?(2) If there are any defects or irregularities in regard to signing of the plaint or its verification, can these defects be removed on a subsequent date after the hearing of the suit has...person presenting the suit and to require him to rectify the defects or irregularities. But can it be said that the defects or irregularities would make the presentation of the suit itself invalid...

...and the possibility must be explored as to whether the defects can be cured even without directing reinstatement. Those are mostly the cases in which the report of the IO was not furnished. In the...i.e. the respondent can be retained, the one for extension of the consequential benefits, needs to be deferred, till the conclusion of the proceedings that may be resumed by the applicants herein...that in B. Karunakar's case, the Hon'ble Supreme Court held that wherever any technical defect is pointed out, direction as to reinstatement shall not be ordered as a matter of course...

...on the said person, in accordance with law, so that defects can be cured". 4. From the aforesaid decision, it is seen that as per the proviso to Rule 25 of the Rules, it...of the Appellant dated 18.11.2017, may not be justified. The only issue that had been addressed is whether a separate Approval should be granted by the Town and Country Planning Authorities. Proviso...Matriculation Schools can very well call upon the Panchayat to get Approval from the Town and Country Planning Authorities or Write to the District Collector or any other Competent Authority to take action...

.... On the assurance of opposite parties, vehicle was taken to Una at service point for removal of defects mainly AC and back tail light but opposite parties disclosed that these defects can be cured at...and complainant had requested to sale representative of opposite party No.3 for removal of defects, but they lingered on the matter on one pretext or the other and ultimately disclosed that defects can be ...Kangra only and at Kangra also defects could not be cured or removed and workers of Kangra Service Station further damaged the side mirror of left side. Complainant had reported the...

...long time to remove the defects, even where such defects can be cured within a very short time. Such a practice cannot be said to be conducive to be fair and reasonable and there...Registry, is filed after more than 30 days, it shall be considered as a fresh appeal, filed on the date on which it is presented after removal of the defects.”13. The term “sufficient...objections and sought clarifications of the same, appeal was taken back from the Registry. Appellant pursued refiling of the appeal with his Counsel but the appeal could not be filed in time. In December 2008...

...where such defects can be cured within a very short time. For example, in the present case, once the Registry had raised the objection that there is a delay of 45 days in filing of...declared subsequently, no malafide can be attributed to the appellant for the purposes of alleging suppression and for invoking the longer period of limitation. On merits, it...a co-ordinate Bench that the re-filing period is 40 days as per the High Court Rules and Orders and unreasonable period cannot be taken to remove the defects in filing. The relevant portion reads as...

...intervention of this Court. : 7 : 8. However, these are all curial defects. These defects can be cured at any stage of the proceedings. However, in this petition, the question is...: conviction and at the appellate stage. Therefore, the proceedings initiated against the petitioner in its order dated 30.03.2017 in Spl.C.No.81/2017 are liable to be quashed by allowing this petition...process of law for securing the accused to proceed with the case and whatever the defense, it should have been taken even during the course of trial as he is required to be facing of trial. The...

...Country Planning Authorities or write to the District Collector or any other competent authority to take action on the said person, in accordance with law, so that defects can be cured. ...should be very clear whether all the requirements of law/defects pointed out have been complied with by the schools who seek approval and thereupon, take a decision, in either way. We, therefore, modify...appellant, dated 18.11.2014, may not be justified. The only issue that has been addressed is whether a separate approval should be granted by the Town and Country Planning Authorities. Proviso to Rule 25 of...

...is a growing tendency to file incomplete cases and then take unreasonably long time to remove the defects, even where such defects can be cured within a very short time. Hence, in...the respondent for defending himself through a legal practitioner was rejected on the ground that the service rules do not provide the same and no prejudice is going to be caused to him...certain objections. After taking the paper book, it was kept for removing the objections but in the meantime, the Clerk to the counsel joined some other office, therefore, the appeal could not be...

...showed the vehicle at the 2 opposite partynd showroom, they informed that the defects can be cured by removing the crank shaft. On 12/11/2014, complainant entrusted the vehicle at Kottayam showroom...vehicle was entrusted with the Karukachal showroom. The service person of the showroom informed that the crank shaft is to be replaced and advised that the vehicle is to be entrust at Kottayam showroom...complainant, the defects of the vehicle affect his job. So he demanded refund of the price of the vehicle. But opposite party denied to refund the price of the vehicle. And the said act of the opposite party...

...quality of wood used and the imperfect work. But the commissioner did not report whether these defects can be cured and the loss etc. The entire works are not imperfect. So the complainant is not...the woods used by respondent and the price of jack tree, kunnivaka etc. To make it short it can be said that the respondent used lower quality of woods and the work is imperfect also. It is true that.... According to him the complainant also agreed to make the furniture by using these woods. It is his case that he is entitled to get an amount of Rs.33,000/- as per the karar and also Rs.2,000/-. But it can...

...defects can be cured at any juncture.10. In the case of Monarch Infrastructure (P.) Ltd. v. Commissioner, Ulhasnagar Municipal Corporation...documents alongwith the tender documents are mere technicalities which can be cured at a subsequent date and as such the settlement of the market in his favour was in accordance with law, whereas submission...documents is mere formality or can be treated as an irregularity which will result in rejection of the tender. The learn(d counsel for the appellant has placed reliance on the judgment of the Division Bench...