Haryana Urban Development Authority & ... vs Sandeep & Others on 25 April, 2012
Author: Hemant
Section 14 of the
Waqf Act, 1995 are not mandatory but directory in nature and non-
compliance of which, particularly in view of the facts ... duty is
not conclusive on the question whether it is a mandatory or directory
provisions. It has been submitted that the question whether a particular
general rule which may help in determining
whether a provision is mandatory or directory. It is the
duty of the court ... decisive and the question whether a provision is
mandatory or directory depends upon the intent of the
Legislature and not upon the language in which
sent to the
Commission twice the number of vacancies is
directory or mandatory in nature and how is the word
'shall ... rules.
44. The question as to whether a provision is mandatory or
directory has been debated with the help of case law on how would
promise that Rule 9 of the Rules of 1954 is mandatory or directory, as to whether the selection through direct recruitment can be allowed ... basis that Rule 9 of the Rules under consideration is mandatory or directory. Shri Mridul, Shri Mathur and Shri Trivedi appearing on behalf
directory but not mandatory and in spite thereof the Court held that the said
provision is mandatory and not directory.
Mr. Murari Mohan Das, learned ... read in the text and context
thereof. Whether a statute is directory or mandatory would not be dependent on
the user of the words
Section 19(3) of the Act prescribing category-wise scale was mandatory or directory ?
(2) Whether the principle of contemporanea expositio governs the construction ... construction relevant for the determination of whether a provision is mandatory or directory explained in standard treatises on Construction of Statutes like Craies, Maxwell, Crawford
follows:
The question whether a particular rule of law is mandatory or directory is not easy to answer and cannot be decided safely merely upon ... convenience which may result in case it is held to be directory or mandatory. Lastly, the well-known doctrine of construction should be borne
when a
provision in the statute was to be taken as mandatory or directory. He
cited the Supreme Court decision in the case of State ... which laid
down that whether a provision was mandatory or directory had to be
gathered not only from the wording of the provision but also
para-43, while discussing as to whether a
rule is directory or mandatory, that it is a settled Rule of Interpretation, that if a
Rule ... order to test as to whether Para 25(2) is
mandatory or directory, an aspect, be considered and that is, the application and
insertion