Procedural Law

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Procedural Law (or Adjective Law) deals with the enforcement of law that is guided and regulated by the practice, procedure and machinery. This law is very important in administration of justice.

In general, all procedural laws are retrospective unless a legislature specifies so.

Examples

Related Cases / Recent Cases / Case Laws

  • Barker v. St. Louis County, 340 Mo. 986, 104 S.W.2d 371, 377, 378, 379.: It is that law which prescribes method of enforcing rights or obtaining redress for their invasion; machinery for carrying on a suit.
  • State v. Elmore, 179 La. 1057, 155 So. 896: As relating to crimes, that which provides or regulates the steps by which one who violates a criminal statute is punished.
  • Saiyad Mohd vs Abdulla Habib, AIR 1988 SC 1624 and Sudhir G Angur vs M Sanjeev, AIR 2006 SC 351, the Supreme Court of India held that a procedural law is always subservient to the substantive law. Nothing can be given by a procedural law what is not sought to be given by a substantive law and nothing can be taken away by the procedural law what is given by substantive law... The court is bound to take notice of any change in law It is bound to administer the law as it was when the suit came up for hearing. It cannot refuse to assume jurisdiction by reason of the fact that it had no jurisdiction to entertain it when it was instituted.
  • Sreenath vs Rajesh, AIR 1998 SC 182:1998 (4) SCC 543: The function of the adjective law is to facilitate justice and further its ends. The provisions of procedural law should be interpreted liberally with the view to meet the ends of justice.
  • Ganesh Trading Co vs Moji Ram, (1978) 2 SCC 91: While applying procedural law, a hyper-technical view should not be adopted by the court.
  • State of Punjab vs Shamlal Murari: Supreme Court has laid down some principles related to interpretation of procedural law.

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