https://www.taxtmi.com/caselaws?id=282958 A Magistrates' Bench may proceed if the prescribed quorum is present, but a member who missed material hearings should not take part in final deliberations or judgment. The governing curative rule treats such participation as a procedural irregularity rather than an automatic illegality, yet the result remains vulnerable if the irregularity occasions failure of justice. On the facts discussed, the absent member's re-entry for the final decision created a real likelihood of prejudice, so the conviction was set aside and a retrial ordered. en-us Fri, 17 Nov 1933 00:00:00 +0530 Sat, 31 Aug 2019 17:59:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282958 A Magistrates' Bench may proceed if the prescribed quorum is present, but a member who missed material hearings should not take part in final deliberations or judgment. The governing curative rule treats such participation as a procedural irregularity rather than an automatic illegality, yet the result remains vulnerable if the irregularity occasions failure of justice. On the facts discussed, the absent member's re-entry for the final decision created a real likelihood of prejudice, so the conviction was set aside and a retrial ordered. Case-Laws Indian Laws Fri, 17 Nov 1933 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282958