Below are the extracts from judgments on procedural deficiencies, as mentioned by hHn’ble Supreme Court of India.
a) “A procedural law is always in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved”. [ Saiyad Mohd. V Abdulhabib, (1988) 4 SCC 343]
b) “A Party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. The Rules of Procedure are intended to be a handmaid to the Administration of Justice and they must therefore be construed liberally and in such manner as to render the enforcement of substantive rights effective”. [Ram Manohar Lal Vs NBM Supply, AIR 1969 [17-03-1969 SC]
c) “Common sense should not be kept in the cold storage when pleadings are construed. Parties win or lose on substantial questions, not on technical tortures and Courts cannot be "abettors". [Noronha V Prem Kumari, AIR 1980.]
d) “Every venial defect or error not going to the root of the matter cannot be allowed to defeat justice or afford an excuse to the Government or a Public Officer to deny just claim”. [Jones V Nicholls, (1844) 13 M & W 361.]
a) “A procedural law is always in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved”. [ Saiyad Mohd. V Abdulhabib, (1988) 4 SCC 343]
b) “A Party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. The Rules of Procedure are intended to be a handmaid to the Administration of Justice and they must therefore be construed liberally and in such manner as to render the enforcement of substantive rights effective”. [Ram Manohar Lal Vs NBM Supply, AIR 1969 [17-03-1969 SC]
c) “Common sense should not be kept in the cold storage when pleadings are construed. Parties win or lose on substantial questions, not on technical tortures and Courts cannot be "abettors". [Noronha V Prem Kumari, AIR 1980.]
d) “Every venial defect or error not going to the root of the matter cannot be allowed to defeat justice or afford an excuse to the Government or a Public Officer to deny just claim”. [Jones V Nicholls, (1844) 13 M & W 361.]
No comments:
Post a Comment