Substantial Compliance, doctrine of
Substantial Compliance, doctrine of legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Doctrine of substantial compliance provides that the procedural fault in complying strictly with a provision of the law is so minor that it does not have a bearing on the essence of the dispute and the object sought to be achieved
Applicability of the 'doctrine of substantial compliance' depends on the facts and circumstances of a dispute
Court has to determine whether the object, purpose, and intent of a statutory prerequisite have been fulfilled and, formal compliance with the same would be unimportant.
Scope.
Doctrine of substantial compliance was a doctrine in equity and it stated that if a good faith attempt was made to perform requirements of a law or contract, but failed to exactly meet the specifics, and if the essential aim of the law or contract had been met, such law or contract would still be considered as having been complied with or completed
Doctrine of substantial compliance was compliance with essential requirements of something (as a statute or contract) that satisfied its purpose or objective even though its formal requirements were not complied with
When the relevant provisions of law were complied with, substantial compliance was to be held to be sufficient and strict compliance of rules was not required as long as it was not detrimental to public policy
Substantial or no compliance of directory provisions, if existed, then an Act could not be invalidated so long as it was in accordance with the law
Where an authority or performance of formalities was delegated upon a person under a special law or was prescribed by the statute, then doctrine of substantial compliance could not be valid
Mandatory provisions required strict compliance however, for provisions that were directory in nature, the doctrine of substantial compliance was sufficient.
"Substantial Compliance, doctrine of", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124963320
Precedents & Case Laws citing "Substantial Compliance, doctrine of"
2023 P T D 396
COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR Versus WASEEF ULLAH and others
Court: Supreme Court of Pakistan2023 S C M R 503
COLLECTOR OF CUSTOMS, MODEL CUSTOMS COLLECTORATE, PESHAWAR — Petitioner Versus WASEEF ULLAH and others — Respondents
Court: Supreme Court of Pakistan1990 M L D 1129
ABDUL HAMEED‑‑Petitioner Versus MUHAMMAD ZAKI and 3 others‑‑Respondents
Court: Karachi2018 P L C (C
PARKS AND HORTICULTURE AUTHORITY Versus MUHAMMAD SALEEM
Court: Lahore High Court2026 P T D (Trib
ZAFAR ASLAM KHAN, PESHAWAR Versus COMMISSIONER INLAND REVENUE, ZONE-SOUTH, RTO, ISLAMABAD
Court: Inland Revenue Appellate TribunalP L D 2017 Lahore 802
MUNDA ELEVEN CRICKET CLUB — Petitioner Versus FEDERATION OF PAKISTAN and 4 others — Respondents
Court: High CourtP L D 2018 Lahore 742
FAWAD AHMED — Petitioner Versus ELECTION APPELLATE TRIBUNAL, RAWALPINDI and others — Respondents
Court: High Court2026 M L D 255
Rao Omar Hashim Khan — Petitioner Versus Ahmad Raza Maneka and others — Respondents
Court: Lahore2019 C L D 840
STANDARD CHARTERED BANK LIMITED — Appellant Versus NICE N EASY (PVT.) LIMITED and others — Respondents
Court: Lahore2023 C L D 920
The BANK OF PUNJAB through authorized Attorney — Plaintiff Versus Messrs HASCOL PETROLEUM LIMITED through CEO/MD — Defendant
Court: Sindh