every public
functionary and public authority to act fairly, reasonably and prudently in
the public interest and for the public good. In the case ... matters of trade or business, public
authorities must be mindful of public interest, public purpose and public
good. The observations
offices instead of standing against it................"
7. The Public bodies or public functionaries are expected to work
for the benefit of the general public ... citizens have
a right to claim performance of public duties by the public functionaries
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within
section, public functionary
means the constitutional authorities and any other functionary
notified in the Official Gazette by the Central Government as a
public functionary ... public functionary" means the constitutional authorities or
any other functionary notified in the Official Gazette by the
Central Government as public functionary
assessment declared a nullity.
31. Twin cardinal principals of Public law are that a public functionary exercising quasi-judicial authority must always keep himself within ... exercise of that power. Exercise of power by a public functionary cannot be defeated so long as he satisfies all the requisites statutorily laid down
their opinion Section 188, Penal Code applies to orders made by public functionaries for public purposes, and not to at order made in a civil ... under the Code of Criminal Procedure but to orders made by public functionaries for public purpose. Moreover, that view was followed by Batten
force or attempts to do so or causes death of
any public functionary or attempts to cause death of any
public functionary; or
(c) detains ... public functionary" means the constitutional
authorities or any other functionary notified in the
Official Gazette by the Central Government as public
functionary
force or attempts to do so or causes death of
any public functionary or attempts to cause death of any
public functionary; or
(c) detains ... public functionary" means the constitutional
authorities or any other functionary notified in the
Official Gazette by the Central Government as public
functionary
Major General Shanta Shamsher Jung ... vs Kamani Brothers Private Ltd. And Ors on 6 January
that the mere allegation that any of these acts of these public functionaries were actuated from feelings of malice will not make any difference, because ... charge of malice cannot be allowed to be proved against a public functionary.
45. On these authorities and on the grounds I have stated
authority thus given to them in a capricious, wanton, and oppressive manner Public authorities even acting within the defined limits of their powers must ... Taunt. at p. 43. But the case last cited shows that public functionaries, acting within the limits prescribed by the statute which gives them authority
