days prescribed in Regulation 20(1) of CBLR,2013 are directory or mandatory.
(c) Whether the notices have been issued beyond the stipulated time ... considered is, whether the requirements, of these provisions are mandatory or directory. "No universal rule", said Lord Campell" (1) can be laid
streets.
The question whether provisions in a statute are directory or
mandatory has very frequently arisen before the courts in India. There
is no general ... cases 11
"The question as to whether a statute is mandatory or
directory depends upon the intent of the legislature and
not upon
follows:
"The question as to whether a statute is mandatory or directory depends upon the intent of the legislature and not upon the language ... read in the text and context thereof. Whether a statute is directory or mandatory would not be dependant on the user of the words shall
appellant-Company is
that the above said provision is not mandatory but directory for the reason
that there is a penal provision under Section ... this connection:
"The question as to whether a statute is mandatory or directory depends
upon the intent of the legislature and not upon
Lalaram & Ors vs Jaipur Devt.Auth.& Anr on 1 December, 2015
Equivalent citations
pass orders and to decide as to whether it is mandatory or
directory.
30. It is to be noted that the scope and purpose ... gleaned and applied in order to determine if a provision is
mandatory or directory:
...(d)The stipulation of consequences in the event of
non-compliance
Lalaram vs Jaipur Devt.Auth.&Amp Anr. on 1 December, 2015
Author: Amitava Roy
appellant-Company is
that the above said provision is not mandatory
but directory for the reason that there is a
penal provision under Section ... this connection:
“The question as to whether a statute is
mandatory or directory depends upon the
intent of the legislature and not upon
the language
determining the question whether a provision is
mandatory or directory, the subject-matter, the
importance of the provision, the relation of the provision ... secured by the Act
will decide whether the provision is directory or
mandatory. It is the duty of the courts to get the real
intention
were
framed, it can be said that Rule 20 (i) is mandatory or
directory in nature and its non compliance would in fact
result ... directory requirement, negative words a mandatory
requirement and 'shall' a mandatory requirement.
If a provision is mandatory an act done in breach
thereof
