Technical Defect Archives

Res Judicata not applicable to Order 21CPC

Orissa HC: Technical defects cannot defeat decree execution; Order 21 CPC excludes Res Judicata principle

“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”

Case Briefs High Courts

‘Technical defect in certificate is beyond candidate’s control’; P&H HC grants relief to judicial aspirant whose candidature was rejected for defect in caste certificate

The Court rebuked the State for pursuing litigation mechanically and indifferently without any application of mind while imposing a cost of Rs. 1.5 Lakhs on HPSC.

Case Briefs High Courts

Orissa High Court| Submission of certified order copy with appeal memo only a procedural requirement; Merit of the matter in appeal not to be sacrificed

Orissa High Court: A Division Bench of Krushna Ram Mohapatra and Murahari Sri Raman, JJ. in a case where due to pandemic

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Fine imposed on appellant for non-compliance of Regulation 33 of SEBI reduced on account of this mistake being a technical defect

Securities Appellate Tribunal (SAT): Coram of Justice Tarun Agarwala (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi (Judicial Member) held

Case Briefs High Courts

HP HC | Court allows filing appropriate proceedings on account of “technical defect”

Himachal Pradesh High Court: The Bench of Tarlok Singh Chauhan, J., allowed withdrawal of an appeal with the liberty to file a fresh