would ordinarily be mandatory but when a public functionary is required to perform a public function within a time-frame, the same will be held
would primarily be mandatory, but when a public functionary is required to perform a pubic function within a timeframe, the same will be held
Judges mentioned in Sub-section (2) function as Courts and not as persona designata. If these functionaries were intended to act as persona designata, then
same delinquent for such a misconduct which is noticed by a statutory functionary under the Income-tax Act
itself and for which misdemeanour ... exigibility to income-tax are functioning more as administrative tribunals though they are exercising quasi-judicial functions; but the nature of such proceedings are administrative
defendant association, the following position so far
as it concerns the functioning of the defendant association emerges:
a) The name of the defendant Association ... functionary which is committee
though has emanated from association but has certain role and
responsibility towards the functioning, supervising, governing of the
association which
aggrieved party with the authority and status of a State functionary because any responsible Counsel once he has been appointed a Special Public Prosecutor ... would be under no less duty as a functionary of the State to discharge his functions as a public prosecutor in an equally just, fair
tendency is to stigmatise the public functionaries and the methodology behind the discharge of public functions. But, a court of law cannot be and should
does not envisage functioning of the
Government through the Chief Minister alone. It speaks of
Council of Ministers. The duties or functions of the Council ... under law and
the Constitution. All the constitutional functionaries must,
therefore, function within the constitutional limits.
19. Apart from the fact that nothing has been
would ordinarily be mandatory, but when a
public functionary was required to perform a public
function within a time frame, the same would be held
administrative, that whenever a decision-making
function is entrusted to be subjective satisfaction of a
statutory functionary, there is an implicit obligation
Page