United Nation, intends to promote, protect and
ensure the full and equal enjoyment of human rights and
fundamental freedoms by all persons with disabilities. Taking ... India
(2021) 15 SCC 125, in which case, the conception of
substantive equality that prevents the international and Indian
disability right regime held that disciplinary
possible infirmity was merely minor and
inconsequential. There had been a substantive
compliance of the tender process and the clauses of
the notice inviting tender ... often-a-times strict procedural compliance could
defeat the ends of substantive equality, like in the
present case."
20. In the case of Tata
United Nation, intends to promote, protect and
ensure the full and equal enjoyment of human rights and
fundamental freedoms by all persons with disabilities.
Taking ... India (2021) 15 SCC 125, in which
case, the conception of substantive equality that prevents
the international and Indian disability right regime held
that disciplinary
observed (1999-I-LLJ-1086 at 1087) : :
"1. The doctrine of equality as enshrined in the Constitution promised an egalitarian society and the Contract ... equality clause in the Constitution does not speak of mere formal equality before the law but embodies the concept of real and substantive equality which
possible
infirmity was merely minor and inconsequential.
There had been a substantive compliance of the
tender process and the clauses of the notice
inviting tender ... often-a-times strict procedural
compliance could defeat the ends of substantive
equality, like in the present case."
19. Similarly, in the case
that the constitutional right of speedy trial envisages an equally expeditious conclusion of a substantive appeal and not merely a technical completion of the proceedings ... years including those during the pendency of substantive appeals. In this context, one is equally reminded of the famous dissent of Lord Atkin
daily wages, and also at the time of his
appointment on substantive basis. Equally admitted
position is that respondent no.1 had also suppressed ... have offered to him the employment on daily-
wages, and his substantive appointment was really a
19
sequel to the same. We have, therefore
that the Code confers a vested and substantive right of apeal in convictions on capital charges. Equally well-settled it is that such appeals ... that the constitutional right of speedy trial envisages an equally expeditious conclusion of a substantive appeal and not merely a technical completion of the proceedings
proceedings in the original trial Court alone, but, equally includes the subsequent substantive appeal therefrom. Thus, if the word 'trial' herein includes ... later appeal as well, then on a parity of reasoning, it must equally include the preceding police investigation. In a criminal prosecution initiated
infraction of the right of equality before the law under Article 14 can possibly arise.
26. The other equally fundamental premise is epitomised ... conferred then the same is a substantive right which accrues from the commencement of the lis. However, equally well settled it is by the very
