strike at the root of the trial and can be
cured is merely an irregularity.
Concept of "Failure of Justice"
22. The conviction ... over four months in delivering the Impugned Judgment is an
irregularity and can be cured
40. Admittedly, there is a time gap of over four
held to be irregularly instituted but if decree of
eviction is passed after five years, the said
irregularity gets cured over the period, by lapse ... irregularly
instituted suit but if decree of eviction is passed in
such a suit after five years, the said irregularity gets
cured over the period
this view, it was suggested that Section 156(2) which cures the irregularity of an investigation by a person not empowered is attracted to Section ... Section 156 of the Code of Criminal Procedure. What that sub-section cures is investigation by an officer not empowered under that section
letter and spirit announced on
26th December, 2012 could not have cured this irregularity, with
retrospective effect. Any decision if at all may have been
that the respondents' appointments were not illegal though there are certain irregularities.
Since the respondents are out of job from 1995 onwards ... with law, subject to some irregularities which could have been cured and that irregularities does not permit the authority concerned to cancel the selection without
that
participation by the assesse during the course of proceedings, cures
the irregularities and minor defects in the notice needs to be ignored
application for taking
additional evidence must be decided objectively, just to
cure the irregularity. The primary object of the provisions
of Section 391 Criminal Procedure
notice under Section 143(2) of the
Act, therefore, the question of curing a defect or
omission, in a notice which has not been issued ... assessing officer and the
15
aforesaid provision also seeks to cure only procedural
irregularities and does not cure the complete absence of
notice
application for taking
additional evidence must be decided objectively, just
to cure the irregularity.
29. The primary object of the provisions of Section
391 CrPC
lacks eligibility
can be appointed and whether such irregularity or illegality can be
cured/condoned, after considering the provisions of the relevant
Rules came ... appointment of
such a person is an illegality not an irregularity, this cannot be cured.
Thus, the Hon'ble Apex Court held that
