University v. Palilana Sugar Mill Ltd. has held that when a public functionary is directed to fellow certain procedure without any consequence being spell
specified time, the same would ordinarily be mandatory
but when a public functionary is required to perform a
public function within a time-frame
fallacious inasmuch as an external factor
binding the statutory functioning of public office can only come into play when it is so
mandated ... contrary of such a position, it is only when a public
functionary deviates from the stand that such an authority has already taken that
clearly illustrates the position
of law that when a public functionary is directed to follow certain
procedure without any consequence being spelt
year 1996-97
Page 6 of 11
power granted to a public functionary comes with a corresponding duty to
exercise such a power when circumstance
random loose sheets of paper on the basis of which
high public functionaries occupying important offices cannot be
subjected to investigation."
Thus treating
further, we find that the shareholders of the assessee
consist only of public sector undertaking / government undertaking as
evident from Page ... said by-laws dealt
with code of ethics for directors and functionaries of exchanges and put
several restrictive conditions upon directors to obtain any sort
defined
in section 2(15) of 'advancement of objects of general public utility' is
undisputed and un-distributed for the assessee ... under the aegis of the
Union Government. At one time, government functionaries, including the
late President, APJ Abdul Kalam, were members, on account of their
support of its order:
a. The law of limitation was founded on public policy,
and that some lapse on the part of a litigant ... explained the delay on account of
negligence on part of the government functionaries
and the government counsel on record before the
Reference Court
support of its order:
a. The law of limitation was founded on public policy,
and that some lapse on the part of a litigant ... explained the delay on account of
negligence on part of the government functionaries
and the government counsel on record before the
Reference Court