necessary to decide whether the said provision is mandatory or directory. In other words, it is necessary to decide whether the denial of a right ... effect of such an expression to convey whether the provision is mandatory or directory.
13.1 In the decision of R.B. Sugar Co. v. Rampur
directory
provision. The attention of the court was invited to the
dictionary meaning of the words, 'directory' and 'mandatory',
viz., directory ... further
contended that the UGC Regulations, 2010 are not
mandatory but directory and cannot override the
provisions of the University Act, 1965 .
14.The High
principles which have been adopted in construing statutes as regards the mandatory or directory nature of their provisions have been well-settled. When the provisions ... cases would be whether such a provision should be construed as mandatory or directory. A provision which relates to the essence of a thing
will hereafter be referred to as "the Rules" are mandatory or directory.
6. The Rules are made by the Central Government under ... reads:
"The question as to whether a statute is mandatory or directory depends upon the intent of the legislature and not upon the language
Rules, on which the petitioner has put reliance, is mandatory or directory. In Spl. C.A. No. 1354/65, our learned brother J. B. Mehta ... whether the provisions contained in Rule 15 of the Rules are mandatory or directory, it would be necessary at this stage to quote the whole
concurrence would be a must. It is, in
fact, directory and not mandatory. It is further
contended that the State Government did consult
the Gram ... Section 9
of the Gujarat Panchayats Act 1961 are
directory or mandatory, and whether they
were complied with in the instant cases; and
whether
Kutch vs State on 13 June, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Trade and Merchandise Marks Rules, 1959 is directory or mandatory?
(b) Whether the Registrar's power to extend the time for filing evidence ... mandatory or directory. If an object of the enactment is defeated by holding the same directory, it should be construed as mandatory whereas
case, according to Mr.Hasurkar, the
issue of Section 200 being mandatory or directory is of no
significance because there is no prejudice caused ... other hand, when the Courts hold a provision to be
mandatory or directory, they say that, although such provision may
not have been complied with
their contention that the proviso to Regulation 20(1) is directory and not mandatory in nature. It is also their contention that the proviso ... therefore, did not go into the question whether the provision was mandatory or directory. In fact, the Supreme Court was not concerned with that aspect
