that there are material
defects in the complainant's SPA as it does not mention the name and
designation of executant nor carry common ... circumstances of the
case. Moreover, the accused cannot be given benefit of defect in authority of AR
of complainant company unless there is a dispute
witness may be summoned to appear
before the court to cure the defect and to have the document(s) properly
proved by following the correct ... nugatory and
would completely defeat the very scheme of trial as designed under sections
143 to 147 .
23. Mr. Ranjit Kumar next submitted that section
each section, each clause, each phrase and each word
is meant and designed to say as to fit into the scheme of the
entire ... before
the making of the Act? (ii) What was the mischief or
defect for which the law did not provide? (iii) What is the
remedy
that point of time, the respondent, in
order to cure a glaring defect and on account of which, the entire case
of the complainant would ... according to the learned counsel for the
petitioner, was certainly a mischievous design adopted by the
respondent to make good the lacuna in the case
name of father. Additionally, the
complainant sought to change designation of the parties as
complainant and accused. Considering the nature of the
2
::: Uploaded ... amendment, in my opinion, the defect as pleaded in the
application for amendment is curable.
6. The order is sought to be defended on behalf
evidence lead by the
accused as they raise contention with regard to defect in
legal notice, PW.1 is not competent to lead evidence ... service agreement the complainant is in due of 1.56
crores. The complainant designed, developed,
maintained and operated ECDS system and it was also
mentioned
evidence lead by the
accused as they raise contention with regard to defect in
legal notice, PW.1 is not competent to lead evidence ... service
agreement the complainant is in due of 1.56 crores. The
complainant designed, developed, maintained and
operated ECDS system and it was also mentioned
witness may be summoned to
appear before the court to cure the defect and to have the
document(s) properly proved by following the correct ... nugatory and would completely defeat the very scheme of trial
as designed under section 143 to 147
10. Keeping in view all these facts
accused had also argued that complainant has
wrongly mentioned the designation of Ramesh Sharma as proprietor of M/s
SCL India P Ltd and therefore ... private limited company.
22. I am of the opinion that defect in title and name of parties is not
much of consequence if the contents
accused had also argued that complainant has
wrongly mentioned the designation of Ramesh Sharma as proprietor of M/s
SCL India P Ltd and therefore ... private limited company.
22. I am of the opinion that defect in title and name of parties is not
much of consequence if the contents
