deficiency in the work, if any, is considered attributable to the
defective design furnished by the appellant to the first
respondent for execution ... that when
deficiency in the work is attributable to the defect in the
- 15 -
design, which is the basis for execution of work, the allegation
regard to unsatisfactory performance and/or
break down due to defective design, workmanship or material. He
submits that the period of one year has already
after duly conducting the investigation by PW.7.
38. Error, illegality or defect in investigation cannot have any
impact unless miscarriage of justice is brought ... into the hands of
the Investigating Officer if the investigation is designedly
defective. As observed by the Hon'ble Supreme Court of India
discharging his duties. The cause of failure of the wall was defective design which was issued by the Office of the Chief Engineer ... duty bound to take corrective measure to rectify the defective work and to ensure the designed life of the structure. However, no action was taken
liable for any loss or damage due to faulty design, defective material or casting, bad workmanship other than faults in erection and the company would
structures
b) the settlement or movement of made up ground and
defective design or workmanship or use of defective materials."
2. Being aggrieved from ... settlement or movement of made up ground
coastal or river erosion
defective design or workmanship or use of defective materials
demolition, construction, structural alterations
tantamount to
playing into hands of Investigating Officer if Investigation
is designedly defective".
-:: Page 36 of 50 ::-
-:: 37 ::-
49. Similary view was taken
Even if the investigation is defective and faulty the
accused persons cannot be acquitted solely on
account of defective and faulty investigation. With
the passage ... into the hands of the
investigating officer if the investigation is
designedly defective."
47. In 'Ajay Kumar Singh vs. The Flag Officer,
Commanding
State vs . on 28 January, 2016
1
IN THE COURT OF SHRI PAWAN KUMAR MATTO
allowed to go scott free or the complainant be disbelieved for
defective investigation (Balwant Singh v. State of Haryana ... tantamount to playing into hands of
investigating officer if investigation is designedly defective.
FIR No. 861/15 State Vs. Rohit @ Seenu
