substantial justice Archives

‘Substantial justice cannot be denied for technical reasons’: Bombay HC condones delay caused due to Advocate’s negligence and inaction

The Advocate failed to inform the appellant that the case had been withdrawn by the opposite party three years ago, thus the Court stated that right created in favour of one party cannot be taken away when the delay was a direct result of the negligence and inaction of other party.

Case Briefs High Courts

Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach

Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.

Case Briefs High Courts

Whenever there is a conflict between substantial justice and hyper-technicality then substantial justice should be preferred to avoid defeat for the ends of justice: Raj HC observes in a case where candidature was rejected on a hyper-technical approach

Rajasthan High Court: A Division Bench of Anoop Kumar Dhand and Pankaj Bharadwaj, JJ., disposed of the petition and directed the Department