Due Process vs Procedure Established by Law: Key Differences in India

2023 0 Supreme(Gau) 1180

The procedure established by law requires appointment of an Enquiry Officer and a Presenting Officer. While the Enquiry Officer would act as a neutral authority, the Presenting Officer would project the case of the management through witnesses, who would also prove the documents, if any. ... He further submits that the procedure adopted to make the witness no. 2 as a Presenting Officer is unheard of and even if the same is done, the allegations automatically cannot be held to be established. ... This Co....

2023 Supreme(US)(ca1) 49

However, as far as the law is concerned, this notion was drawn a priori by Lawless’s counsel and the district court; it was not clearly established in the law, at least not in this circuit and others. ... - 17 - established law is not manifested by a genuine issue of personal bias.9 9 The district court cited contrary law from the Seventh Circuit, specifically Ryan v. ... While “[t]he Supreme Court has stated that clearly established#HL_E....

2023 Supreme(US)(ca9) 244

App. 1977) (emphasizing the different due process concerns of pre-judgement and post-judgment debtors). ... Due Process Analysis The district court correctly held that Plaintiffs failed to state a claim for a violation of procedural due process. 2 To determine whether there has been a due process violation, we consider the Mathews v. ... Weiser, Law Offices of Frank A. Weiser, Los Angeles, California, for Plaintiffs-Appellants. Amber A. Logan, Logan Mathevosian & Hur LLP, Los Angel....

It is a term used in a number of different senses, and possibly its popularity and convenience are partly due to its very ambiguity. ... But few, I think, have been used with so many different shades of meaning in different contexts or have so freely acquired new meanings with the development of the law as the word jurisdiction. ... These are all matters of procedure. ... In a strict sense, it is not new law but merely the application of established....

2024 0 Supreme(Mad) 2460

It is well settled principle of law that mere mention of wrong provision of law, when power exercised is available, even though under a different provision, is by itself not sufficient to invalidate the exercise of that power. ... More so, due to the Constitutional bar imposed under Article 212 whereby it prohibits the validity of any proceedings in legislature from being called in question in a Court merely on the ground of irregularity of procedure. ... The business of Assembly and the breach of privi....

2024 0 Supreme(P&H) 1169

Such trial under a procedure different from what obtained at the time of the commission of the offence or by a Court different from that which had competence at the time cannot 'ipso facto ' be held to be unconstitutional. ... No person has a vested right in any course of procedure. ... In other words, Article 20(1) of The Constitution of India does not afford any protection to an accused qua the procedure. 8.4. There is no gainsaying that BNSS is essentially a criminal procedural law....

2024 0 Supreme(P&H) 416

Such trial under a procedure different from what obtained at the time of the commission of the offence or by a Court different from that which had competence at the time cannot ‘ipso facto’ be held to be unconstitutional. ... No person has a vested right in any course of procedure. ... (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita. ....

2023 Supreme(US)(ca2) 201

. § 2403(a) and Federal Rule of Civil Procedure 5.1(c), also appeals from that judgment. ... The district court accordingly imposed a discovery sanction pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), which provides that certain facts may “be taken as established” when a party “fails to obey a[] [discovery] order” concerning those ... accordingly, the plaintiffs suggest that ... Even if Supreme Court dicta do not constitute established law, we nonetheless accord deference to such dicta wher....

2023 0 Supreme(Bom) 1388

Learned counsel for applicants submits that applicants No. 4 to 6 never shared the household with respondent as they have residence at different places. ... Wherever there is intention of the legislature to provide different forums for civil and criminal remedy under the same Act, appropriate provision is made to that effect. ... It is contended that applicant No. 4 is brother-in-law of the respondent and applicant No. 5 is his wife whereas applicant No. 6 is the married sister-in-law of the respondent and that they neve....

2025 Supreme(US)(ca5) 36

That this court has interpreted the federal DNA-testing statute one way does not mean that a state court interpreting a state DNA-testing statute a different way results in a state procedure that violates due process. ... These strictures “le[ave] slim room for the prisoner to show that the governing state law denies him procedural due process.” Skinner, 562 U.S. at 525. ... Not only so, but a holding that due process forces states to augment the trial record would be inconsistent with well-est....

2022 0 Supreme(P&H) 1456

It was also observed that principles of natural justice may be applicable by implication if not especially provided. However, the issue with regard to right to seek higher education abroad was not the subject matter in the aforesaid case. The expression 'procedure established by law' is different from the 'due process of law' in the American Constitution.

2019 0 Supreme(Ker) 996

Therefore, the “due procedure” contemplated in Art.21 of the Constitution of India should be a procedure established by law, which is just fair and reasonable. As observed by this Court hereinabove, the provisions of laws like Cr.P.C, Evidence Act, etc. are also informed by the all pervasive provisions and the brooding spirit and substance of the Constitution of India. Hence, it is the bounden constitutional and legal obligation of the courts to ensure that, while passing orders in this nature, the constitutionally guaranteed rights and other statutory rights of the affecte....

2019 0 Supreme(Kar) 1331

Due process of law in the present context would ordinarily mean such an exercise of power by the parties as the settled principles of law permit and/or course of legal proceedings, according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. Due process of law would in short mean procedure established by law, which is procedure fixed or laid down in law. When the High Court has passed an order of injunction, in the aforesaid terms, what is meant by the High Court is, that the Compan....

2017 0 Supreme(SC) 772

In Gopalan, the Preventive Detention Act, 1950 was challenged on the ground that it denied significant procedural safeguards against arbitrary detention. Hence it was impermissible to read the expression ‘procedure established by law’ to mean ‘procedural due process’ or as requiring compliance with natural justice. The majority rejected the argument that the expression ‘procedure established by law’ meant procedural due process. Evidently ‘due process’ was substituted with the expression ‘procedure established by law’. The terms of reference of the Committ....

2015 0 Supreme(MP) 1153

However, the only exception to the rule is that deprivation of life and liberty can take place if the same is effected by procedure established by law and not otherwise. Meaning thereby that even procedure established by law which permits deprivation of life and liberty, is required to pass the test of reasonableness under Article 14 of the Constitution of India. The term "procedure established by law" has been interpreted by the Apex Court in Mrs. Maneka Gandhi Vs. Union of India (UOI) and Another, AIR 1978 SC 597 to mean due procedure established by law.