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Showing contexts for: function of functionary in Commissioner Income Tax vs Muzafar Nagar Development Authority on 5 August, 2013Matching Fragments
(ix)The performance of duty required to be done by the competent authority under Section 12AA (2) of the Act within the period specified therein and related to a right which may accrue to a person on grant of registration, the provision of time will be directory and not passing the order within the period specified shall not automatically result in deemed grant of registration.
(x)In the case of Nassurddin another Vs. Sita Ram Agarwal (2003) 2 SCC 577 paras 37 and 38) the Hon'ble Supreme Court has laid down the law that "it is a well settled principle that if an act is required to be performed by a private person within the specified time, the same would ordinarily be mandatory but when the public functionary is required to perform the public function within time frame, the same shall be held directory unless consequence therefor are specified." Similar view has been taken by Hon'ble Supreme Court in the case of Balwant Singh and others Vs. Anand Kumamr Sharma and others (2003) 3 SCC 433 para 7.