Search Results for Tag : Defects

News

SC: Substantive Right Should Not be Defeated Citing Procedural Defects Capable of Being Cured(07.07.2022)

Supreme Court has held that substantive right accrued to the litigant should not be defeated citing a procedural defect capable of being cured.

Tags : Supreme Court, Substantive Rights, Procedural Defects

Delhi HC: Can Arrest Accused after Curing Procedural Defects of Prior 'Illegal Arrest'(16.07.2025)

Delhi High Court has observed that once procedural defects of a prior illegal arrest are cured, there is no statutory or judicial bar on re-arrest of .....

Tags : Delhi High Court, Procedural Defects, Illegal Arrest

Supreme Court: Section 7 IBC Application Cannot be Rejected for Curable Defects in Affidavit(25.11.2025)

Supreme Court held that procedural defects in a Section 7 IBC application, including issues in the affidavit, are curable and cannot justify summary r.....

Tags : Application, Affidavit, Defects

SC: New Legislation Passed w/o Curing Defects of Ultra Vires Legislation Would also be Ultra Vires(08.09.2023)

Supreme Court has held that where a legislature merely seeks to validate acts carried out under previous legislation which has been struck down by a C.....

Tags : Supreme Court, Legislation, Defects, Ultra Vires

International Cases

Prescription begins to run, when the creditor has the minimum facts necessary to institute action(04.10.2023)

The matter concerned the prescription of a claim which Mr. and Mrs. Mokhethi (the Respondents) had instituted against Mr. and Mrs. Stemmet (the appell.....

Tags : Prescription, Claim, Defects

Judgments

Expert evidence is an essential requisite to prove inherent manufacturing defect(22.07.2024)

Complainant purchased Motorcycle (Splendor) from dealer on 17.03.2018. The motorcycle had issues from the very first day it was purchased. The complai.....

Tags : expert report, defects, compensation