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Showing posts with label substantive law. Show all posts
Showing posts with label substantive law. Show all posts
Saturday, 31 May 2025

The Dual Nature of India's Constitution: A Comprehensive Analysis of its Substantive and Procedural Dimensions

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 The Constitution of India stands as one of the world's most comprehensive constitutional documents, embodying a unique characteristic t...
Saturday, 9 July 2022

Supreme Court: Curable Procedural defects shall not defeat the substantive rights of the party

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The contention of the appellant with vehemence is that the application CLMA seeking permission to file joint appeal against common judgment ...
Saturday, 13 April 2019

Whether Negotiable instruments (amendment) Act 2018 has retrospective effect?

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See Negotiable Instrument amendment Act 2018: Click here Therefore, it has to be held that Section 143-A of the Act cast a substantive o...
Sunday, 11 February 2018

Whether substantive rights are right created by statute or any other law or it may relate to procedural law?

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Moreover the expression "substantive rights" used in the authorities I have considered must be understood in the lexical sense. ...
Sunday, 1 January 2017

Whether parties to an arbitration agreement are free to decide both procedural and substantive law?

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However, the authors in Comparative International Commercial Arbitration32 go a step further in that, apart from procedure, they say tha...
2 comments:
Friday, 28 October 2016

When court should not condone delay in bringing legal heirs of deceased party on record?

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Code of Civil Procedure, 1908 – Order 22, rules 3 and 9; s. 151 read with s.5 of Limitation Act, 1963 – Death of appellant during pendenc...
Saturday, 27 August 2016

What is distinction between substantive and procedural law?

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Mr. Dada, argued that the amendment to Section 36 affects the substantive right of an award-debtor and hence it must take prospective ef...
Sunday, 26 June 2016

Whether award passed by arbitrator is valid even though there is not arbitration agreement?

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Insofar as judgment of Supreme Court in case of Associate Builders (supra) relied upon by the learned counsel for the appellant is concern...
Wednesday, 20 January 2016

Whether procedural law will prevail over substantive law?

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 The key word for determination of question involved is underlined, i.e., "name of any party improperly joined". The word impr...
1 comment:
Sunday, 21 June 2015

Bombay HC: Amendment to Section 106 of the Transfer of Property Act shall have retrospective effect

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The background in which an amendment to Section 106 came to be enacted find elaboration in the One Hundred and Eighty-First Report of the ...
Sunday, 31 March 2013

When change in law will operate retrospectively?

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Reference may also be made upon the decision of this Court in Anant Gopal Sheorey v. State of Bombay AIR 1958 SC 915 where the legal positi...
Wednesday, 4 July 2012

Whether court can condone delay in cheque dishonour cases which was instituted prior to coming into force of amendment Act?

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All laws that affect substantive rights generally operate prospectively and there is a presumption against their retrospectivity if they a...