Procedure - Law Dictionary Search Results
Home Dictionary Name: procedureProcedure 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 ...
Change in law of procedure
Change in law of procedure, Change in Law of Procedure-No person has a vested right in any course of procedure. He has only the right of prosecution or defence in the manner prescribed for the time being by or for the Court in which the case is pending and if by an Act of Parliament the mode of procedure is altered he has no other right than to proceed according to the altered mode, Anant Gopal Sheorey v. State, AIR 1958 SC 915 (917): 1959 SCR 919....
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)]...
Rules of procedure
Rules of procedure, in British Parliament, the greater part of the rules are unwritten, to be collected from the journals or reports of debates, or to be ascertained from personal experience; the written part constitutes a very small portion of the corpus of rules, this consists of standing order. Standing Orders can be amended, repealed or suspended, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 485.Rules of procedure, rules which regulate procedure, debate and the conduct of members in a legislature, Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundry, p. 723....
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 ...
criminal procedure
criminal procedure : the steps taken and methods used in bringing and conducting a criminal action ;also : a course of study in the rules of procedure in criminal actions ...
Civil Procedure Acts Repeal Act
Civil Procedure Acts Repeal Act, 1879, 1881, and 1883 (English) (42 & 43 Vict. c. 59, 44 & 45 Vict. c. 59, and 46 & 47 Vict. c. 49), repealed by Judicature Act, 1925, repealing amongst other enactments those which had been superseded by the Rules of the Supreme Court under the Judicature Acts; the Act of 1883 in particular repealing all but very small portions of the Common Law and Chancery Procedure Acts in view of the issue of the Consolidated 'Rules of the Supreme Court, 1883.'...
Criminal Procedure Act, 1885 (English)
Criminal Procedure Act, 1885 (English) (28 & 29 Vict. c. 18), sometimes called 'Mr. Denman's Act' (Chit. Stat. Tit. 'Evidence': Statutes Revised); an Act, as the Preamble states, assimilating thelaw of evidence and practice on trials for felony and misdemeanour, and other proceedings in courts of criminal judicature, to that on trials at nisi prius, and enacting bys. 1 that-The provisions of s. two of this Act shall apply to every trial for felony or misdemeanor . . . and that the provisions of ss. from 3 to 8 inclusive of this act shall apply to all Courts of Judicature as well criminal as all others, and to all pesons having, by law or by consent of parties, authority to hear, receive,and examine evidence.The italicized words of the above enactment give the Act a great and general importance, especially because ss. 22-27 of the (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), have been repealed by the (English) Statute Law Revision Act, 1892, as beng substantially ide...
Rule of procedure
Rule of procedure, each House has the absolute right of interpreting its rules; courts have no power to interfere in the matter of the application of these relating to the internal management of the House, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 122.Rule of procedure, rule making power of British Parliament is absolute, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, Art. 118(1)....
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