grave defect or that it does not prejudicially affect the accused when they have been convicted for al tile three offences by the application
introduction of a new ground
and consequently it set aside tile order of the Tribunal and
directed a retrial of the issue involving. The appellant ... nomination for the nomination paper ex facie did not
disclose any defect or disqualification. There being no
subsisting prayer seeking to raise the ground under
Their Lordships observed:
The omission to frame a charge is a grave defect and should be vigilantly guarded against. In some cases ... sanction prescribed as a condition precedent for a prosecution, in short defects that strike at the very root of jurisdiction stand on a separate footing
Tahsildar Singh And Another vs The State Of Uttar Pradesh on 5 May, 1959
Equivalent
All India Reporter Ltd. And Anr. vs Ramchandra Dhondo Datar on 30 September, 1959
Equivalent
Jai Kishan Srivastava vs Income-Tax Officer, Kanpur And Anr. on 15 May, 1959
Equivalent
which an Inspector visiting the Establishment may record his remarks regarding any defects that may come to light at the time of his inspection ... walls or tops of rooms which are made of galvanised iron-sheets, tiles, asbestos sheets or similar material or glazed bricks; (iii) ceiling of rooms
The Workers And Staff Employed Under The ... vs The Management Of The Express ... on 13
S.M. Nawab Ariff vs Corporation Of Calcutta And Ors. on 12 August, 1959
Equivalent
natural justice and should not be accepted as correct, and that this defect was sufficient to invalidate the order passed by the Tribunal.
6. This ... brought to our notice in this connection that the Vakalatnama which was tiled by Shri L. L. Sharma in the appeal before the Appellate Tribunal