Criminal Procedure Code, 1973, Section 482, 464, 218, 216, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 11(j), 26 -- Quashing of proceedings - Framing of composite charge of offences - Defect in framing charge - If any, is an irregularity curable by trial Court on prayer of party or on his own motion and it is not an illegality which may vitiate..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Election petition - At the time of presentation of the election petition by a defeated candidate, his no, appearance would not be fatal, much less, not mandatory in nature, but curable...........
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Affidavit - Filing alongwith plaint - Provision of O.6.R.15(4) and S.26(2) CPC is directory in nature - Non compliance of the provisions will not result in rejection of plaint - It is a curable defect - If in spite of an opportunity given to cure the same, it is not done, then that will end in rejection of..........
Criminal Procedure Code, 1973, Section 177 -- Local jurisdiction - Objection with regard to lack of local jurisdiction cannot be overruled by saying that defect pointed out on the ground of lack of local jurisdiction is curable u/s 462 Cr.P.C...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of plaint allowed - Amendment carried out in the original plaint however amendment not carried out in duplicate copy of plaint - It is not be fatal, as this defect is curable and it can be cured within such time as fixed by Court by exercising powers U.O.6.R.18 CPC...........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - There is no specific provision in the Code to amend either a complaint or a petition filed under the provisions of Code, but petitions seeking such amendment to correct curable infirmities can be allowed even in respect of complaints...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Non-production of documents, relied upon, with plaint - Failure to produce document alongwith plaint or failure in entering the details of such document in the list annexed to the plaint - Not fatal to the suit at the time of its registration - Such lapse is curable upon obtaining leave of Court...........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Husband raised inconsistent pleas as on the one hand he alleges that marriage with respondent wife was a nullity and on the other hand that she treated him with cruelty and was suffering from mental disorder - No evidence led by husband that wife was suffering from mental disorder - Wife was suffering from..........
Postal Services -- Irregularity in issuing NSC - When authority issued a certificate which they could not have issued, they cannot be allowed to enrich themselves by retaining the deposit made - However, this may be possible if transaction is sham or wholly illegal - Not so, if irregularity is curable - In such circumstances, postal authorities should devise means to..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
