order a valuation. Counsel for respondents submitted that under section 131(1)(d) read with section 131(1A) the first respondent has got the power ... through the said provision, especially section 131(1A) . Counsel for the department submitted that section 131(1)(d) was misquoted and in any view
Inspector on 11-12-1961 the only offence mentioned was one under Section 31 of the Public Safety Measures Act in the final charge-sheet ... wrong label was put upon it or the section of the offence .was misquoted does
not indicate want of good faith. Even
cognizance of the offence
under Section 138 of the Negotiable Instruments Act,
had chosen to forward the complaint under Section ... that the
complainant was misguided to misquote the provision
of the offence committed as the one under Section
420 IPC in the complaint
provision under which the eviction petition should have been filed is under Section 10(3)(a)(iii)(a) of the Act and that instead ... petitioner quoted (b) to sub-clause (iii) and that the misquoting of the section need not be taken serious view and it will not affect
Vendanta Aluminiym Limited, India (2010) 3 SCC 1 and
referring to Section 4 of the Indian Contract Act, 1872. It
is the case ... come into existence and the
provisions of Section 4 of the Indian Contract Act is
being misquoted by the petitioner in this particular case.
Learned
learned Departmental Representative, on the other hand, submitted that misquoting of a section is not fatal to the case of the Revenue. For this proposition
effect and applicability of the Act, 39 of 2005 by misquoting the proviso to section 6(1) of the Hindu Succession (Amendment
petition should be filed under the provision of
section 10 (3) (c) of the said Act, misquoting the provision of law in the
petition ... petition for eviction on the ground that Section 10(3)(a)(iii) and not
Section 10(3)(c) ought to have been quoted. R. Banumathi
notice dated 02.03.2007, there is an inadvertent mistake as instead of
section 90 , section 75 (12) (b) (v) of the VAT Act has been mentioned ... penalty.
13. It is a settled proposition that misquoting of a section will not
invalidate an action which can otherwise be traced to a valid
doubt, does not make any specific reference to any other Sub-section of Section 15 of the Wakf Act. Taking advantage of such an omission ... agree. It is by now well established that a misquotation of the section or the omission to quote a provision of law in a notice
