Saturday, 14 May 2016

What is meaning of phrase 'due course of law' ?

What does the phrase 'due course of law' mean? As explained in the
report published 1992 Supp (2) SCC 29, East India Hotels Ltd. v. Syndicate
Bank (Para 30):
“30. What is meant by due course of law? Due course of
law in each particular case means such an exercise of the
powers by duly constituted tribunal or court in
accordance with the procedure established by law under
such safeguards for the protection of individual rights. A
course of legal proceedings according to the rules and
principles which have been established in our system of
jurisprudence for the enforcement and protection of
private rights. To give such proceedings any validity,
there must thus be a tribunal competent by its
constitution, there is by law of its creation, to pass upon
the subject matter of the suit or proceeding; and, if that
involves merely a determination of the personal liability
of the defendant, it must be brought within its jurisdiction
by service of process within the State, or his voluntary
appearance. Due course of law implies the right of the
person affected thereby to be present before the tribunal
which pronounces judgment upon the question of life,
liberty or property in its most comprehensive sense; to be
heard, by testimony or otherwise, and to have the right
determination of the controversy by proof, every material
fact which bears on the question of fact or liability be 
conclusively proved or presumed against him. This is the
meaning of due course of law in a comprehensive sense.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on: May 13, 2016
 W.P.(C) 4505/2015
SWARAJ KISHORE ARORA 
versus
INDIAN BANK AND ORS. 
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
Read full judgment here; click here
Print Page

No comments:

Post a Comment