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Substantive Right Cannot Be Taken Away By A Procedural Lapse: SC
Case Law Details
- Case Name
- Ramnath Exports Pvt Ltd Vs Vinita Mehta (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Ramnath Exports Pvt Ltd Vs Vinita Mehta (Supreme Court of India)
It is a trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. Leave granted.
2. This appeal arises out of the judgment dated 04.07.2018, passed by High Court of Uttarakhand at Nainital in First Appeal 50 of 2008, preferred by appellant herein against the ‘common judgment’ dated 16.0...
