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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 November 2021

The methods by which legal rights are enforced; the specific machinery for carrying on a lawsuit, including process, the pleadings, rules of evidence, and rules of Civil Procedure or Criminal Procedure.

Anaita Vas   25 November 2021

The various processes through which a case proceeds are referred to as procedural law. The regulations by which substantive laws can be implemented are defined by procedural laws.
The techniques, practises, and aspects in which a court case occurs are established by procedural law. The dynamics of how a law suit flows, such as the steps and processes of a case, are governed by procedural law, which ensures that due process is followed.

In the case of Commissioner of Wealth Tax, Meerut vs. Sharvan Kumar Swarup & Sons, the difference between Substantive and Procedural Laws was made clear. “As a General Rule, laws which fix duties, establish rights and responsibilities among & for persons natural or otherwise are “Substantive laws”, while those which merely prescribe the manner in which such rights & responsibilities may be exercised & enforced in a Court are ‘Procedural Laws’.”

In the case of Thirumalai Chemicals Ltd. vs. Union of India and others, the Supreme Court held that all those laws which affect the substantive and vested rights of the parties have to be taken as substantive law, whereas any provision of law dealing with the form of the trial, mechanism of the trial or procedure thereof, has to be treated as procedural in nature.

Some examples of Procedural Laws are:

1. Code of Criminal Procedure, 1973

2. The Limitation Act, 1963

 

Regards,

Anaita Vas

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