Distinction between “Substantive law and adjective or remedial law
. A statute creating vested rights is a substantive statute. This Court, in the case of Executive
Engineer, Dhenkanal Minor Irrigation Division Vs. N.C. Budharaj - (2001) 2 SCC 721,
opined:
“23. … “Substantive law”, is that part of the law which creates, defines and regulates
rights in contrast to what is called adjective or remedial law which provides the method
of enforcing rights. Decisions, including the one in Jena case while adverting to the
question of substantive law has chosen to indicate by way of illustration laws such as
Sale of Goods Act, 1930 [Section 61(2)], Negotiable Instruments Act, 1881 (Section 80),
etc. The provisions of the Interest Act, 1839, which prescribe the general law of interest
and become applicable in the absence of any contractual or other statutory provisions
specially dealing with the subject, would also answer the descripttion of substantive
law…”
