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In the terminology used by the Patna High Court in Ravindra Thakur v. State of Bihar (17 February…

The Court distinguished a procedural deviation, "A mere procedural irregularity", from "An illegality" involving an unauthorised fundamental defect and failure of justice.…

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In the terminology used by the Patna High Court in Ravindra Thakur v. State of Bihar (17 February 2017), what describes an unauthorised radical defect going to the root of the matter and causing an incurable failure of justice?

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The Court distinguished a procedural deviation, "A mere procedural irregularity", from "An illegality" involving an unauthorised fundamental defect and failure of justice. It also discussed the need to examine the actual defect and prejudice rather than treating every procedural departure as fatal.

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