Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …
The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law. Justice Dua reiterated the principle put forward by the Apex Court that “in order to advance substantial justice, though liberal, justice-oriented approach and cause of substantial …
The Justice Department urged an appeals court to deny Steve Bannon's request to stay out of jail while he appealed his contempt for Congress conviction. The department highlighted that Bannon's arguments about the mental state required for contempt of Congress do not present a substantial question that would justify his release. The government's filing also pointed out that Bannon's reliance …
Highlighting that the power granted under Section 311 CrPC is essential to ensuring substantial justice and maintaining an orderly society, the Himachal Pradesh High Court has asserted that this discretionary power can be exercised by Courts at any stage of an inquiry or trial when deemed necessary for a just decision. Awasthi sought relief through an application under Section 311 …
The Bombay High Court has condoned a year-long delay in filing the Income Tax Return over "genuine hardships. "The division bench of Justice Dhiraj Singh Thakur and Justice Abhay Ahuja has observed that technical considerations cannot come in the way of substantial justice. The Bombay High Court has condoned a year-long delay in filing the Income Tax Return over "genuine …
