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1 - 10 of 24 (3.02 seconds)Section 17 in The Land Acquisition Act, 1894 [Entire Act]
Article 12 in Constitution of India [Constitution]
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Dir. Of Settlements, A.P. & Ors vs M.R. Apparao & Anr on 20 March, 2002
This Court in Director of Settlements v. M.R.
Apparao observed : (SCC p. 658, para 16)
"16.
The Land Acquisition Act, 1894
Supreme Court Reports [1962] Supp.Dr. ... vs The Governing Body Of The Nalanda ... on 15 December, 1961
In Umakant Saran Vs. State of Bihar, the
Court referred to its earlier decisionin Rai
Shivendra Bahadur Vs. Nalanda College
and observed that: (Umakanth Saran
Case, SCC p.488, para 10)
"10. ... in order that mandamus may issue to
compel the authorities to do something it must
be shown that the statute imposes a legal
duty and the aggrieved party has a legal right
under the statute to enforce its performance".
Kolkata Metropolitan Dev. Authority vs Pradip Kumar Ghosh on 24 October, 2017
5. The decision of Hon'ble Supreme Court in the
case of Kolkata METROPOLITAN DEVELOPMENT
AUTHORITY Vs. PRADIP KUMAR GHOSH AND OTHERS
reported in (2018) 13 SCC 623 is held as under:
Comptroller And Auditor General Of ... vs K.S. Jagannathan & Anr on 1 April, 1986
In regard to efficacy of order dated 10.9.1993, the
respondents have relied upon power to issue mandamus
and the effect thereof .A reference has been made to the
decisions in CAG V. K.S.Jagannathan &
Anr.(1986)2SCC679 and Andi Mukta Sadguru Shree
Muktajee Vandas Swami Suvarna Jayanti Mahotsav
Smarak Trust & Ors. V. V.R. Rudani. In CAG the court
observed (SCC pp.692-93, para 20)
"20. There is thus no doubt that the High Courts
in India exercising their jurisdiction under Article
226 have the power to issue a writ of mandamus
or a writ in the nature of mandamus or to pass
orders and give necessary directions where the
government or a public authority has failed to
exercise or has wrongly exercised the discretion
conferred upon it by a statute or a rule or a policy
decision of the government or has exercised such
discretion mala fide or on irrelevant
considerations or by ignoring the relevant
considerations and materials or in such a manner
as to frustrate the object of conferring such
discretion or the policy for implementing which
such discretion has been conferred. In all such
cases and in any other fit and proper case a High
Court can, in the exercise of its jurisdiction under
Article 226, issue a writ of mandamus or a writ in
the nature of mandamus or pass orders and give
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directions to compel the performance in a proper
and lawful manner of the discretion conferred
upon the government or a public authority, and in
a proper case, in order to prevent injustice
resulting to the concerned parties, the court may
itself pass an order or give directions which the
government or the public authority should have
passed or given had it properly and lawfully
exercised its discretion."
Mansukhlal Vithaldas Chauhan vs State Of Gujarat on 3 September, 1997
In Mansukhlal Vithaldas Chauhan v. State of
Gujarat (1997) 7 SCC 622 it has been observed that
mandamus is a discretionary remedy under Article 226 of
the Constitution to compel for a public duty which may
be administrative, ministerial or statutory in nature.
Statutory duty may be either directory or mandatory.
'Shall' and 'must' sometimes be interpreted as
'may'. This Court has observed: (SCC pp. 632-33 &
634, paras 22, 23 & 29)
"22. Mandamus which is a discretionary remedy
under Article 226 of the Constitution is requested to be
issued, inter alia, to compel performance of public
duties which may be administrative, ministerial or
statutory in nature. Statutory duty may be either
directory or mandatory. Statutory duties, if they are
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intended to be mandatory in character, are indicated
by the use of the words "shall" or "must". But this is
not conclusive as "shall" and "must" have, sometimes,
been interpreted as "may". What is determinative of the
nature of duty, whether it is obligatory, mandatory or
directory, is the scheme of the statute in which the
"duty" has been set out. Even if the "duty" is not set
out clearly and specifically in the statute, it may be
implied as correlative to a "right".