Principles of Natural Justice and Its Development in Modern Times

2025 0 Supreme(Raj) 1235

The judge’s decision to prioritize technicalities over substantive justice not only undermines the petitioner’s right to a fair trial but also casts doubt on the integrity of the judicial process. ... The Latin maxim fiat justitia ruat caelum — let justice be done though the heavens fall — underscores the judiciary’s commitment to substantive justice. ... The revisional power under Secti....

Punjab and Haryana

justice. ... Justice Anil Kshetarpal. ... However, the procedural technicalities should not stop the trial Court from advancing the cause of justice. ... In order to do substantive justice between the parties, the trial Court has inherent powers to permit the parties to lead evidence in order to do substantive

Substantive law aims at the ends which the administration of justice seeks to achieve while procedural law aims at the means by which those ends can be achieved. Without procedural law in place, substantive law will be illusory. ... The Rules setting out procedure have been made to facilitate the due administration of justice and not to thwart it. For the effective and efficient administration of justice#HL_....

2025 Supreme(Online)(P&H) 2396

On going through the impugned order passed by the learned Executing Court, this Bench is constrained to observe that the Court below has preferred technicalities over the cause of substantive justice. The petitioner(s) is/are the land owners. ... It is well settled that the Courts have been assigned the responsibility to do substantive justice between the parties. The petitioners already stand deprived ....

2025 Supreme(Online)(Raj) 12235

Thus, it is trite law that since procedural laws are handmaids of justice, in case substantial justice is pitted against technicalities of law, justice should prevail. ... do not hinder the substantive resolution of the dispute. ... A procedural law is always subservient to the substantive law. Nothing can be given by a procedural law what is not sought to be given by a substa....

Punjab and Haryana

over the cause of substantive justice. ... Justice Anil Kshetarpal. ... justice between the parties. ... The Courts are required to focus on doing complete It is well settled that the Courts have been assigned the responsibility to do substantive

2025 Supreme(Online)(Raj) 13189

It is well-settled that procedural technicalities must not be allowed to eclipse substantive justice, particularly in proceedings under beneficial legislation such as the Motor Vehicles Act. ... claims under the Motor Vehicles Act being a beneficial legislation procedural technicalities must yield to substantive justice, therefore, the instant writ petition may be allowed and petitio....

Punjab and Haryana

Justice Anil Kshetarpal. ... justice between the parties. ... over It is well settled that the Courts have been assigned the responsibility to do substantive

2024 Supreme(Online)(ITAT) 1772

We take support from the observations of Justice Krishna Iyer wherein he has quoted at various occasion while dealing with technicalities that “any interpretation that alludes substantive justice is not to be followed and that substantive justice must always prevail over procedural technicalities ... In any event, though the procedural law pertaining to the limitation....

Karnataka

He further submits that, 4 merely on the ground of technicalities, justice should not be thwarted at the threshold. ... That apart, it is cardinal principle of law that merely on the ground of technicalities, justice should not be thwarted at the threshold, as held by the Apex Court in the case of National Building Learned counsel for the plaintiffs would submit that, the trial Court has committed an....

2022 0 Supreme(All) 1350

However, the licensor, who has validly determined the licence, cannot be denied possession over the property no matter in what form the prayer is made in the suit. The justice oriented approach demands to avoid technicalities and to advance substantive justice. Therefore, it would not be proper to deny the relief of possession to the plaintiff respondent when he is entitled to it in law merely the for reason the relief is not properly worded and the court fee has not been pai....

2021 0 Supreme(Mad) 3130

Further, the plaintiff never disputed the Power of Attorney, which was executed in favour of P.W.1. It is settled law that the substantive justice and technicalities are fitted against each other with the technicalities go and substantive justice shall revive. The non adjudication of the Power of Attorney, which was marked as Ex.A.6 is not fatal to the suit. However, as rightly pointed out by the learned counsel for the first appellant/third defendant this issue can be raised....

2019 0 Supreme(P&H) 34

The object for making provision under Section 311 of the Code of Criminal Procedure is to do substantive justice between the parties. The effort of the courts must be to administer substantive justice rather than scuttle the justice on the technicalities. The emphasis of the Legislature is with respect to just decision of the case. For this purpose, the Courts have been empowered to summon any person as a witness or recall or re-examine any person already examined at any stag....

2019 0 Supreme(P&H) 1368

For this purpose, the Courts have been empowered to summon any person as a witness or recall or re-examine any person already examined at any stage. The emphasis of the Legislature is with respect to just decision of the case. The effort of the courts must be to administer substantive justice rather than scuttle the justice on the technicalities. The object for making provision under Section 311 of the Code of Criminal Procedure is to do substantive justice between the partie....

2015 0 Supreme(Cal) 304

Procedure is not an end in itself but only a means far rendering justice to the parties before a court of law. Procedural technicalities must give way to substantive justice.