director or any other director is at best a curable defect. This defect is curable by the AO by calling upon the assessee to rectify ... Section 140(c) of the Act was a technical and curable defect in view of the provisions of Section 139(9) of the Act. Following
verification
of pleadings, and an absence thereof, is only a procedural defect,
curable at a later stage. Therefore, even where the application under
Section ... properly signed or
attested, it would only be a curable defect and would not make the
application filed under Section
verification
of pleadings, and an absence thereof, is only a procedural defect,
curable at a later stage. Therefore, even where the application under
Section ... properly signed or
attested, it would only be a curable defect and would not make the
application filed under Section
specifically
Sections 81 , 83 and 86 (1) , which distinguish between
curable and non-curable defects in election petition, make
it clear that non-compliance with ... grave error in holding the 3 defects mentioned in
paragraph 18 hereinabove as incurable. The defects
are curable and as rightly contended by the learned
remove the defects in the verification of the pleadings considering the fact that any defect in the pleadings would be a curable defect and merely ... opportunity to cure the defect.
44. The upshot of the above discussion is that a defective verification is a curable defect. An election petition cannot
Tender Document, inter alia, provides for
meaning of "non-curable defects". The "non-curable defects" are extracted
hereunder:
"i. Inadequate ... submission of
documents in Packet A & B, which is non-curable defect as per tender
conditions. Non submission of proper experience certificate
statement of truth is a procedural irregularity and a curable defect and the
same will not render the filing of a written statement ... defect of
non-filing of statement of truth or defective statement of truth, cannot be
cured. Once it has been held to be a curable
format. It is correct that the verification was also defective, but the
defect is curable and cannot be held fatal to the maintainability ... finding the defects,
the Court should give proper opportunity to cure the defects and in
case of failure to remove/cure the defects, it could
approval,
to use the counsel’s word “would be curable defect under Section 465 of the
Code of Criminal Procedure”. It has also been pointed ... absence of approval of the District
Superintendent of Police, is a curable defect under Section 465 of the
Code. We do not have the slightest
grave error in holding
the 3 defects mentioned in paragraph 18 hereinabove as incurable.
The defects are curable and as rightly contended by the learned ... opportunity to cure the defects is improper.
48. The defect in the prayer made by the petitioner was also a
curable defect, as the words
