Consequence of Non-mentioning or Wrong Mentioning of Law in Petition or Order

Non-mentioning or wrong mentioning of a provision of law (in the petition or order) does not invalidate an order, in the event it is found that the Court has the power to do so.

It is settled law that once it is found that the power exists, the exercise of power under a wrong provision will not render the order illegal or invalid.

SPONSORED

Non-mentioning or wrong mentioning of a statutory provision under which power was exercised and order was passed, would not vitiate the order for which there was a source under general law or a statute.

Judgments for Reference

1. K. Palanisamy v. N. Arumughm [2009 (77) ALR 122 (SC],
2. Nagappa v. Y.R. Muralidhar [(2008) 5 SCC 633],
3. T. Khan & Others v. Govt. of Andhra Pradesh & Others, [AIR 2004 SC 2934 (para 16)].

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