MACT sec.163A
vinod bansal
(Querist) 28 April 2008
This query is : Resolved
Sir
I filed a petition us 163A of MV Act and by mistake i mentioned the income of petitioner Rs. 10000/-(Ten Thousand)Rs per month.As per law only person whose income is below than Rs.40000/-Annually can file petition us 163A.I had also filed affidavit of petitioner in evidence to mentioning income of petitioner Rs.10000/-per month.Now certainly my petition will be dismissed only on this sole ground.What remedy i can avail at this stage.can i amend my petition or can i reduce my claim or can trabunal permit me to withdraw my petion with liberty to file a new/fresh petion..plz enlighten me with case law...Thanx
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 April 2008
Yes, you can take a plea that it was a typographical mistake & can file an application to amend the income in your petition and if your petition is at last stage then in the same application in prayer clause you should request to amend or reduce the same or withdraw the petition with liberty to file a fresh petition, in the interest of justice. Surely, the Tribunal will consider your application or request, if you convince the same.
Srinivas.B.S.S.T
(Expert) 10 June 2008
You can always amend the petition taking the shelter of typographical error. Dont withdraw the petition and dont forget to state solid cause for delay in filing the amendment petition
