Procedure established under Law
1 Legal Principle - Procedure established under the Law - cannot be ignored:
2 Legal Principle - where a statute requires to do a certain thing in a certain way, the thing must be done in that way:
3 Legal Principle - Investigation of Crime - Lawlessness during search operations - investigating agency must follow the procedure scrupulously - failure to do so - action - means to end must be legal:
4 Legal Principle - Action in deviation to procedure prescribed under the law - without reasons or grounds - per se arbitrary:
5 Legal Principle - Non Compliance to the procedure - Nature of procedural lapse complained of - Resultant prejudice caused - for to be declared the alleged non compliance being bad in law:
6 Legal Principle - Non Compliance to procedure - Laws of procedure are meant to achieve substantial and real justice – the delay in compliance, on sufficient cause being shown, must be condoned:
7 Legal Principle - Procedure established under the Law - No one has a vested right in the procedural laws:
8 Legal Principle - Exercise of powers by Apex Court under Article 142 of the Constitution - A mere technicality cannot prevent Hon’ble Apex Court from doing justice in exercise of its inherent powers:
9 Legal Principle - Every procedure is permitted to the court for doing justice unless expressly prohibited, and not that every procedure is prohibited unless expressly permitted:
10 Where a Bail Application before High Court is not pressed and so dismissed; that Order of dismissal cannot be challenged under SLP.
11 Procedure prescribed under the Statute have to be followed in letter and spirit.
12 Procedure prescribed under the Law must be meticulously followed.
13 Notice issued by Public Authorities, in contravention of Procedure prescribed under the Statute, are liable to be dismissed.
14 In cases of expediting the Criminal trial, it must be ensured that the procedure established under the Law is not compromised.
15 Procedural defects, that are capable of being cured, may be allowed to be cured, but subject to opportunity of hearing to adversary.
16 Article 21 of the Constitution of India: No person shall be deprived of his Life and personal Liberty except according to the procedure established by Law.
17 Non compliance to procedure: Demand Notice set aside and matter remanded back.