With Material Irregularity - Definition - Law Dictionary Home Dictionary Definition with-material-irregularity

Definition :

With material irregularity, the words 'illegally' and 'with material irregularity' as used in this clause do not cover either errors of fact or of law, they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, in our view, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing & Construction Co. (P) Ltd. v. Sarup Singh, (1969) 3 SCC 807 (811). [Civil Procedure Code, 1908, s. 115]