PrincipleAPPELLATE PRACTICE – Failure to Decide an Issue – Effect on Validity of Proceedings
- Area of law
- APPELLATE PRACTICE
- Court
- Supreme Court
Failure to decide an issue does not automatically nullify proceedings—the effect depends on circumstances. Nullification requires either: (1) violation of a substantive provision affecting jurisdiction/competence, or (2) a procedural defect causing miscarriage of justice. Not every omission invalidates the proceeding. The court examines the nature…
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