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seek to
rectify or remove the defect or lacuna on the basis of which
the collection of the excess sales ... particular provision
of the statute is for some lacuna or defect in the statute
declared unconstitutional or invalid
Supreme Court of India
Leave granted.
2. Can a trial court permit lacuna in prosecution evidence filled up?
The conventional concept is that ... then,
what is meant by lacuna in a prosecution case, has to be understood
before deciding the said questions
Supreme Court of India
prosecution was not entitled to fill
in a lacuna by moving an application under Section ... result in permitting the
prosecution to fill in the lacuna in the prosecution case. It has been
further observed that
Supreme Court of India
complainant cannot be allowed to fill up the lacuna in respect of the
defects pointed out by the accused ... learned counsel further contended that
there is no lacuna and to fill up such lacuna, the documents sought
for, have
Madras High Court
made by the State, illegal on
account of any lacuna or shortcomings in that Act or on account of
invalidation
Patna High Court
tremendous
importance by the highest Court of the country. Lacunas can be ignored
if they are found not very relevant ... procedural irregularity not resulting into serious prejudice, but such
lacuna should not be permitted to percolate at initial stage
Gujarat High Court
unconstitutional by courts by
removing the defect or lacuna which led to the invalidation of the law.
In other words ... with the removal of the defect or lacuna resulting in
the validation of any Act held to be invalid
Karnataka High Court
submits that by the amending Act of 1989
the lacuna which was revealed in the rule was removed to bring
Bombay High Court
such documents in question shall tantamount filling up lacuna of
prosecution after cross-examination.
5. Section ... same should not be used for filling up the lacuna left
by the prosecution or by the defence
Gauhati High Court
discovered that the law
as enacted has some lacuna which requires to be intent. In such a case,
any curative ... amendment to remove such lacunae and to bring out the
legislative intent, even if it is enacted retrospectively
Bombay High Court
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