Nara Chandrababu Naidu, S/O.Late ... vs The State Of Telangana, Represented By ... on 9
take action under the said provision, the same is quoting a wrong provision of law and only Section 20 would apply to the instant case ... application. The learned counsel would reiterate that the petitioner has quoted a wrong provision of law and the correct provision which should be applied
treated
under section 166 of the Motor Vehicles Act, since quoting the wrong
provision of law is not impediment in granting proper relief and further ... Motor Vehicles Act with
intentionally or they have quoted wrong provision of law at the time of filing
the compensation. On perusal of the records
party cannot be denied only on the ground of misnomer,
quoting wrong provisions, the Courts are required to see
the pleadings and relief claimed ... parties. While
dealing with the question of misnomer/quoting wrong
provisions, the Hon'ble Apex Court in case of
J.Kumaradasan Niar Vs. Iric
taken. In catena of decisions, this Court
has held that merely quoting wrong provisions of the
statute while exercising power would not invalidate the
order
execution only at the point of time.
16. A mere wrong quoting of the provision will not prevent a party from
getting the relief sought ... document by an expert on the ground of wrong quoting of provision of law
and in such a case, the Court shall exercise under Order
negative.
10. As regards the question no.4 of STAT quoting the wrong
provision u/S 71(3)(a) , it is seen from the scheme ... does not apply to the case at hand, however, mere
quoting of wrong provision cannot lead to vitiation of the order
passed by the authority
hesitation to hold that though the petition was filed by quoting wrong provisions, viz., section 227 read with section 239 of the Criminal Procedure Code
Buildings (Lease and Rent Control) Act, 1960 , Section 10(3)(c) Quoting wrong provision of law Petition filed for owner's occupation whereas requirement ... such relief. (Para 20)
Procedure Law Misquoting of provision of Law Quoting wrong provision of law - Petition filed for owner's occupation whereas requirement
power can be traced to a legitimate source, quoting of
wrong provision shall n˙:0t vitiate the proceedings. In the instant case ... jurisdiction
prescribed under Section 83 of the Act, merely quoting of wrong provision
I.e. Section 74 instead of Section 67 , when proceedings under Section