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 a power exists in that regard.

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.

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 law.

Judgments for Reference

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

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