Procedural - Law Dictionary Search Results
Home Dictionary Name: procedural Page 1 of about 764 results (0.002 seconds)procedural law
procedural law : law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (as in a suit) and that is distinguished from law that creates, defines, or regulates rights [the federal courts in diversity actions must apply state substantive law and federal procedural law "Miller v. American Dredging Corp., 595 So. 2d 615 (1992)"] ;also : a particular law of this nature compare substantive law ...
Procedural puntillos
Procedural puntillos, Puntillos means petty formalities. Here the judge implies petty procedural formalities, [Jas Raj v. Hem Raj, AIR 1977 SC 1011 (1013)]. (Justice V.R. Krishna Iyer)...
procedural unconscionability
procedural unconscionability : unconscionability that derives from the process of making a contract rather than from inherent unfairness or unreasonableness in the terms of the contract compare substantive unconscionability NOTE: Procedural unconscionability is based on factors, such as consumer ignorance or a great deal of unexplained fine print, that serve to deprive a party of a meaningful choice. ...
procedural
procedural : of or relating to procedure [sentence reversed as result of error in sentencing "National Law Journal"] compare substantive pro·ce·dur·al·ly adv ...
procedural default
procedural default : a failure to follow state appellate procedure (as in the exhaustion of state remedies) that bars federal esp. habeas corpus review of a case in the absence of a showing of cause for and prejudice from the failure or sometimes in the absence of proof that the bar would result in a miscarriage of justice ...
procedural due process
procedural due process : due process ...
Procedural due process
Procedural due process, means that no one can be deprived of his life, liberty or property except in accordance with the procedure laid down by the statutory law, Ganesh Bhatt v. District Magistrate Almora, 1993 All Cr Cas 204....
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
Procedure
Procedure, 'procedure' in Article 21 cannot be arbitrary, unfair or unreasonable, Maneka Gandhi v. Union of India, AIR 1978 SC 597: (1978) 1 SCC 248: (1978) 2 SCR 621.The mode in which the successive steps in litigation are taken. The procedure of the Common Law courts was regulated by the C.L.P. Acts of 1852, 1854, and 1860; as to which see Day's C.L.P. Acts. As to the procedure in equity, consult Daniell's Chancery Practice, and Morgan's Chancery Acts and Orders. The procedure in actions in the High Court of Justice and the Court of Appeal is now governed under the (English) Judicature Act, 1925, for the most part by the Rules of the Supreme Court, based on the rules in the schedule to the (English) Judicature Act, 1875; but where no other provision is made by the Acts or those rules, the former procedure remains in force. See PRACTICE.Means the manner and form of enforcing of law. It must be taken to signify some step or method or manner or proceedings leading up to the deprivation ...
Notwithstanding anything contained in the Code of Criminal Procedure
Notwithstanding anything contained in the Code of Criminal Procedure, the words 'notwithstandi-ng anything contained in the CrPC' found at the beginning of s. 5A(1) merely carve out a limited exemption from the provisions of the CrPC insofar as they limit the class of persons who are competent to investigate into offences mentioned in the section and to arrest without a warrant. It does not mean that the whole of the CrPC, including schedule II thereof, is made inapplicable, Union of India v. Maj. I.C. Lala, AIR 1973 SC 2204: (1973) 2 SCC 72: (1973) 3 SCR 818. [Prevention of Corruption Act, 1947, s. 5A (1)]...
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