Uday Shankar Triyar v. Ram Kalewar Prasad Singh and Another

1 SCC 75Reported decision2006#10036 most cited

What is Uday Shankar Triyar v. Ram Kalewar Prasad Singh and Another authority for?

Non-compliance with procedural requirements should not lead to automatic dismissal of a pleading, appeal, or application unless mandated by statute or rule, especially when defects are curable and do not cause injustice.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2009 to 2019.

Also referred to as

Uday Shankar Triyar v. Ram Kalewar Prasad Singh · procedural defects · curable irregularities · automatic dismissal · substantive rights · denial of justice · handmaiden to justice · CPC Order

Judgments citing Uday Shankar Triyar v. Ram Kalewar Prasad Singh and Another

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

ITA 2643/DEL/2017[2010-11]Status: DisposedITAT Delhi02 Dec 2019AY 2010-11

Bench: Shri H.S. Sidhu & Shri R.K. Panda

For Appellant: Ms. Ashisha Mittal, CAFor Respondent: Ms. Rakhi Verma, Sr. DR
Section 271Section 271(1)Section 271(1)(c)Section 274

…o advance the cause of justice and not to obstruct and give technical objections primacy and position to strike down orders, when no prejudice or harm is otherwise caused and suffered. In Uday Shankar Triyar versus Ram Kalewar Prasad Singh and Another, (2006) 1 SCC 75, it was observed:-“ "17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defeat substa…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

ITA 2640/DEL/2017[2006-07]Status: DisposedITAT Delhi02 Dec 2019AY 2006-07

Bench: Shri H.S. Sidhu & Shri R.K. Panda

For Appellant: Ms. Ashisha Mittal, CAFor Respondent: Ms. Rakhi Verma, Sr. DR
Section 271Section 271(1)Section 271(1)(c)Section 274

…o advance the cause of justice and not to obstruct and give technical objections primacy and position to strike down orders, when no prejudice or harm is otherwise caused and suffered. In Uday Shankar Triyar versus Ram Kalewar Prasad Singh and Another, (2006) 1 SCC 75, it was observed:-“ "17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defeat substa…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

ITA 2639/DEL/2017[2005-06]Status: DisposedITAT Delhi02 Dec 2019AY 2005-06

Bench: Shri H.S. Sidhu & Shri R.K. Panda

For Appellant: Ms. Ashisha Mittal, CAFor Respondent: Ms. Rakhi Verma, Sr. DR
Section 271Section 271(1)Section 271(1)(c)Section 274

…o advance the cause of justice and not to obstruct and give technical objections primacy and position to strike down orders, when no prejudice or harm is otherwise caused and suffered. In Uday Shankar Triyar versus Ram Kalewar Prasad Singh and Another, (2006) 1 SCC 75, it was observed:-“ "17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defeat substa…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

ITA 2642/DEL/2017[2009-10]Status: DisposedITAT Delhi02 Dec 2019AY 2009-10

Bench: Shri H.S. Sidhu & Shri R.K. Panda

For Appellant: Ms. Ashisha Mittal, CAFor Respondent: Ms. Rakhi Verma, Sr. DR
Section 271Section 271(1)Section 271(1)(c)Section 274

…o advance the cause of justice and not to obstruct and give technical objections primacy and position to strike down orders, when no prejudice or harm is otherwise caused and suffered. In Uday Shankar Triyar versus Ram Kalewar Prasad Singh and Another, (2006) 1 SCC 75, it was observed:-“ "17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defeat substa…

Smt. Manjeet Kaur Sran, New Delhi vs. DCIT, New Delhi

In the result, all the 05 appeals filed by the Assessee stand allowed

ITA 2641/DEL/2017[2008-09]Status: DisposedITAT Delhi02 Dec 2019AY 2008-09

Bench: Shri H.S. Sidhu & Shri R.K. Panda

For Appellant: Ms. Ashisha Mittal, CAFor Respondent: Ms. Rakhi Verma, Sr. DR
Section 271Section 271(1)Section 271(1)(c)Section 274

…o advance the cause of justice and not to obstruct and give technical objections primacy and position to strike down orders, when no prejudice or harm is otherwise caused and suffered. In Uday Shankar Triyar versus Ram Kalewar Prasad Singh and Another, (2006) 1 SCC 75, it was observed:-“ "17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defeat substa…

The Commissioner of Income Tax vs. M/S Sudev Industries Ltd

ITA/805/2005HC Delhi31 May 2018

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

Section 142(1)Section 144Section 147Section 148Section 230A(1)Section 260ASection 282(2)

…ance the cause of justice and not to obstruct and give technical objections primacy and position to strike down orders, when no prejudice or harm is otherwise caused and suffered. In Uday Shankar Triyar versus Ram Kalewar Prasad Singh and Another, (2006) 1 SCC 75, it was observed:- “17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defe…

The Commissioner of Income Tax-III vs. M/S Sudev Industries Limited

ITA-805/2005HC Delhi31 May 2018
Section 142(1)Section 144Section 147Section 148Section 230A(1)Section 260ASection 282(2)

…ance the cause of justice and not to obstruct and give technical objections primacy and position to strike down orders, when no prejudice or harm is otherwise caused and suffered. In Uday Shankar Triyar versus Ram Kalewar Prasad Singh and Another, (2006) 1 SCC 75, it was observed:- “17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defe…

Commissioner of Income Tax-I vs. M/s. BDR Projects Pvt. Ltd

ITTA/441/2013HC Telangana24 Sept 2013

Commissioner of Income Tax:Delhi-VIII vs. Ashok Mittal

ITA/26/2013HC Delhi07 Feb 2013

Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE R.V.EASWAR

Section 151

…to proceeding for ejectment from the premises. 14. As far as the contention of the counsel for the appellant / defendant, of verification of plaint being defective is concerned, the Supreme Court in Uday Shankar Triyar Vs. Ram Kalewar Prasad Singh (2006) 1 SCC 75 has held that defects of signing and verification cannot be fatal and are curable. There is thus no merit in the said contention also. Moreover, the appellant / RFA No.26/2013 Page 14 of 18 defendant after contesting the suit f…

Commr.of Income Tax, Simla vs. M/S Green World Corporation

Appeals are disposed of with the aforementioned directions

C.A. No.-003312-003312 - 2009Supreme Court06 May 2009
Section 133Section 133ASection 143(1)(a)Section 143(2)Section 80I

…Commissioner to file the appeal.” In the aforementioned case, therefore, this Court proceeded on the basis that the concurrent jurisdiction of two authorities is permissible. In Uday Shankar Triyar vs. Ram Kalewar Prasad Singh & Anr. [(2006) 1 SCC 75], this Court referring to the provisions of the Code of Civil Procedure held as under: “17. Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandates. Procedural defects…

Uday Shankar Triyar v. Ram Kalewar Prasad Singh and Another (1 SCC 75) — Cited in 10 Judgments | BharatTax