AI Overview...
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Amendment of Date in Pleadings - Generally considered a procedural defect that is curable, especially if it does not cause prejudice to the opposing party. Courts have held that clerical mistakes and inadvertent omissions, such as incorrect dates, can be amended at any stage of the trial Shivakumar Reddy (SC, 2020)).
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Curability of Defects - Defects like incorrect dates in pleadings are not inherently incurable. The courts recognize that such defects can be rectified unless they result in substantial prejudice or are of a nature that affects the core issue of the case ROHIT PLASTOPACK PRIVATE LIMITED vs DENTSU COMMUNICATIONS INDIA PRIVATE LIMITED - National Company Law Tribunal.
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Time and Passage of Trial - While considering amendments, courts also evaluate the passage of time since the incident or filing, to prevent undue delay or abuse of process. However, this does not automatically render date amendments incurable if they are procedural and do not alter substantive rights GANESH SINHA vs STATE OF CHHATTISGARH - Chhattisgarh.
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Legal Principles on Amendments - The legal stance emphasizes flexibility in allowing amendments to pleadings to ensure justice, provided the amendments are made within a reasonable timeframe and do not prejudice the other party significantly ROHIT PLASTOPACK PRIVATE LIMITED vs DENTSU COMMUNICATIONS INDIA PRIVATE LIMITED - National Company Law Tribunal.
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Conclusion - Amendments of dates in pleadings during trial are generally not considered incurable defects, provided they are made timely and without causing prejudice, aligning with the principle that procedural errors are curable to facilitate fair adjudication Shivakumar Reddy (SC, 2020); INDCHH00000007379.
References: - Shivakumar Reddy (SC, 2020) - INDNCLT00000003275 - INDCHH00000007379
Search Results for "Amendament of Date in Pleading in Recovery of Amount Case at the Time of Trail is Not Curable Defect"
2025 Supreme(Online)(NCLT) 1850 • India - National Company Law Tribunal
SHRI K. R. SAJI KUMAR, SHRI SANJIV DUTT, JJ
supply of agricultural goods, with significant amounts claimed after demand notices were issued but not acknowledged. ... ... ... Facts of the case: ... The operational creditor filed for CIRP against corporate debtor for unpaid dues resulting from alleged ... Shivakumar Reddy (SC, 2020), wherein it has been held that clerical mistakes and inadvertent omissions should be treated as curable defects. However, the Corporate Debtor opposed to the amendment, relying on the judgment of Ho....
2024 0 Supreme(Guj) 473 • India - Gujarat
SANDEEP N. BHATT
to Section 6 did not apply as the ancestor died before the amendment. ... rejection of interim application for stay in succession dispute - The trial court dismissed the application asserting that the 2005 amendment ... ... ... Issues: The main issues included the applicability of the 2005 amendment to the Hindu Succession Act and the maintainability ... If the rejection is for any curable defect, the plaintiff may move the Court seeking time to rectify the #HL_STAR....
2025 Supreme(Online)(Kar) 25606 • India - Karnataka High Court
MR. R.DEVDAS, J
petitioner to pay significant stamp duty and penalties, leading to the dismissal of a suit for specific performance. ... preclude a party from having their case tried on merits once statutory obligations are met. ... The court concluded that while statutory compliance regarding stamp duty is vital for admissibility, the strict penalty should not ... It was noted that improperly stamping the instrument does not render that instrument void or invalid. On the contrary, it is a defect which is cur....
2024 Supreme(Online)(CHH) 11516 • India - High Court of Chhattisgarh
Smt. Justice Rajani Dubey, Shri Justice Sanjay Kumar Jaiswal, JJ
The prosecution's case relied on circumstantial evidence, with no eyewitnesses. ... (Paras 2, 3) ... ... Findings of Court: ... The court found that the prosecution did not prove ... The trial court invoked Section 106 of the Evidence Act, but did not provide the accused an opportunity to explain critical incriminating ... However, while deciding whether the defect can be cured, one of the considerations will be the passage of time from the date of the incident; (vi) In ca....
2013 0 Supreme(Ker) 584 • India - Kerala
P.BHAVADASAN
able to execute the bond and therefore he has to remain in custody - If in such a case, for one portion of the incident, a person ... Criminal proceedings - Order of detention - Detenue on Bail and tendered pardon - Held, even though an accused is granted bail, he is not ... He is not to be allowed to be let off on bail when he is not on bail at the time he is tendered pardon. It is not the case of the petitioner that he was on bail on the date he wa....
2019 0 Supreme(Bom) 1711 • India - Bombay
B.P.DHARMADHIKARI, SWAPNA JOSHI
However, it is not necessary to conclusively answer this issue since it does not arise in this case. ... Contribution of other accused persons leading to CULA has also come on record. ... where an Accused had been bailed out in a criminal case, in which case, subsequently new offences were added, was it necessary that ... PW-9-Amrut Patil is a panch on recovery of these diaries and under section 27, the diaries were seized from possession of PW-10-Ankush. Though PW-10....
2017 0 Supreme(Guj) 1723 • India - Gujarat
ANANT S.DAVE, G.R.UDHWANI
of compensation, as ordered above, be deposited within a period of 6 weeks from receipt of this judgment and compensation amount ... 149 of the IPC and other penal statutes – Indian Railways Act and Damage to Property Act stand confirmed and remain unaltered – Amount ... an admissible piece of evidence and it is not made before police or any statutory authority of investigating agency, as required ... is to amount to proof. ... Recovery of burn pieces of cloth and other articles. ... It is only wh....
2018 2 Supreme 164 • India - Supreme Court
DIPAK MISRA, A. K. SIKRI, A. M. KHANWILKAR, ASHOK BHUSHAN, D. Y. CHANDRACHUD
to have extraordinary life prolonging measures used when recovery is not possible from his/her terminal condition – Not exclusively ... nbsp;(n) Advance (medical) directive – Patient may become incompetent to take a decision as regards passive euthanasia at required time ... (Para 562, 563, 564, 565, 570) ... Facts of the case: ... p align="justify ... a premature extinction of his life and it would not amount to a crime. ... measures used when recovery#HL_E....
2016 0 Supreme(SC) 888 • India - Supreme Court
T. S. THAKUR, A. K. SIKRI, S. A. BOBDE, SHIVA KIRTI SINGH, N. V. RAMANA, R. BANUMATHI, A. M. KHANWILKAR, ASHOK BHUSHAN, D. Y. CHANDRACHUD
validity of the legislations is not upheld – Assessees neithr pleading nor adducing evidence to show that they did not pass the ... amount to hostile discrimination offensive to Article 304(a). ... obtaining previous sanction curable under Article 255 by assent of the President of India. ... Subba Rao, J., as His Lordship then was, in a separate judgment delivered in Automobile Transport case (supra) also found the use of the non-obstante clause to be a “defect in phr....
2023 0 Supreme(SC) 1 • India - Supreme Court
S. ABDUL NAZEER, B. R. GAVAI, A. S. BOPANNA, V. RAMASUBRAMANIAN, B. V. NAGARATHNA
to time – There was no restriction on non-cash transactions like debit card, credit card, net banking, online transactions etc. ... taken away – Only restrictions were with regard to exchange of old notes with new notes which were also gradually relaxed from time ... Cessation of Liabilities) Act, 2017 – Section 3 – Demonetisation – Constitutionality of – By demonetization, right vested in notes was not ... The liabilities of the Issue Department under Section 34 of the Act shall be an amount equal to the total of the #H....
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