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U.P. Pollution Control Board vs Modi Distillery & Ors on 6 August, 1987

19. What is discernible from the U.P. Pollution Control Board's case is that easily curable legal infirmity could be cured by means of a formal application for amendment. If the amendment sought to be made relates to a simple infirmity which is curable by means of a formal amendment and by allowing such amendment, no prejudice could be caused to the other side, notwithstanding the fact that there is no enabling provision in the Code for entertaining such amendment, the Court may permit such an amendment to be made. On the contrary, if the amendment sought to be made in the complaint does not relate either to a curable infirmity or the same cannot be corrected by a formal (Downloaded on 17/05/2024 at 09:20:37 PM) [2024:RJ-JP:17043] (8 of 8) [CRLMP-5796/2019] amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint. "
Supreme Court of India Cites 13 - Cited by 157 - A P Sen - Full Document
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