Contrary To Law And Not According To Law - Definition - Law Dictionary Home Dictionary Definition contrary-to-law-and-not-according-to-law

Definition :

Contrary to law and not according to law, a decision being 'contrary to law' as provided in s. 100(1)(a) of the Code of Civil Procedure is not the same thing as a decision being not 'according to law' as prescribed in the 1st proviso of s. 75(1) of the Act. The latter expression is wider in ambit than the former. It is neither desirable nor possible to give an exhaustive definition of the expression 'according to law'. The power given to the High Court under the Ist proviso to s. 75(1) of the Act is similar to that given to it under s. 25 of the Provincial Small Cause Courts Act, Malini Ayyappa Naicker v. Seth Monghraj Udhavdas Firm, (1969) 1 SCC 688: AIR 1969 SC 1344 (1346). [Provincial Insolvency Act, 1920, s. 75(1); Civil Procedure Code 1908, s. 100(1)(a)]