...: (AIR 1999 SC 3558) has observed that where a statute provides a thing to be done in particular manner, then it has ...thing to be done in particular manner, then it has to be done in that manner and in no other manner.” Section 86(1) of the A...Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may ...

...JCIT to the JCIT is not permissible as it violates the principle that where the statue provides for a thing to be done in particular manner, that has to be ...all applied its mind and has granted approval. Merely because the file relating to approval contains a remark by the Joint Commissioner of Income Tax, does not in any manner result in wrongful...places reliance upon the decision of Hon'ble Supreme Court in the case of 1...

...), if the Appropriate Authority is, of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any Genetic ...to be done in that manner only. The action is purported to have been taken under the provisions of Sec. 20 of the Act of 2003. The authorities are duty bound to follow the...to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic to show cause why its registration should not be suspended or cancelled for the reasons mentioned in the notice...

...purposes. Proviso to Rule 3 of Order 39 of the Code attracts the principle, that if a statute requires a thing to be done in particular manner, it shou...circumstances of a particular case. In this background, the requirement for recording the reason for grant of ex parte injunction, cannot be held to be a mere formality. This requirement is consistent with...-1998. Notice. Order 39, Rules 1 and 3, to be complied with.”4. In I.A No. 1057 of 1998, the injunction Order reads thus—“Heard. Documents...

.... We do not find any force in the submission for the reason that it is a well settled legal position when statute provides any thing to be done in particular manner, the same sha...:—“It is settled law that where a statute requires a particular act to be done in a particular manner, the act has to be done in that ...be exercised in a particular manner then the said authority has to exercise it only in the manner provided in the same itself. Regulation 87 reads as under:—“87. O...

....14. This Court has time and again emphasised that if a statute provides for a thing to be done in a particular manner, then it has to ...(1999) 8 SCC 266 and in the course of consideration observed as hereunder :“17. … It is a well-settled salutary principle that if a statute provides for a thing to be ...it has to be done in that manner and in no other manner.”Therefore, if the salutary principle is kept in...

...settled that a presumptive legislation such as the present Act needs to be given a strict interpretation. As noted above, the proviso to sub-section (2) of Section 3 prescribes a thing to be ...to be done in a particular manner following a particular procedure, it shall be done in the same manner following the provisions of law, without deviat...a particular procedure. Therefore, the proviso to sub-section (2) of Section 3 envisages a period to be specified in the order with a maximum cap of six months at the...

...designated under the Statute or appointed by the State Government in particular state would be entitled to act as Appropriate Authorities. When a statute lays down a particular thing to ...has to be done in that manner only. The Assistant Municipal Commissioners are nowhere shown as Ward Officers. The order is also passed in the capacity of Assistant Municipal Commissioner.... Sub Sec. 3 of Sec. 20 of the P.C.P.N.D.T Act is an exception wherein the Appropriate Authority if finds it expedient in the public interest and for the reasons to be recorded can suspend the...

...Authorities. It is only the Appropriate Authorities designated under the Statute or appointed by the State Government in particular state would be entitled to act as Appropriate Authorities. When a statute lays dow...has to be done in that manner only. The Assistant Municipal Commissioners are nowhere shown as Ward Officers. The order is also...if finds it expedient in the public interest and for the reasons to be recorded can suspend the registration without issuance of notice. The case is not spelt out to invoke Sub Sec. 3...

...under the Statute or appointed by the State Government in particular state would be entitled to act as Appropriate Authorities. When a statute lays down a particular thing to be ...has to be done in that manner only. The Assistant Municipal Commissioners are nowhere shown as Ward Officers. The order is also passed in the capacity of Assistant Municipal Commissioner.... Sub Sec. 3 of Sec. 20 of the P.C.P.N.D.T Act is an exception wherein the Appropriate Authority if finds it expedient in the public interest and for the reasons to be recorded can suspend the...

...authority has passed the order without following the mandate of Rule 12 of the aforesaid rules which is liable to be set aside.Elaborating his submission he submits that if the statute provides for a thing ...can be done in that manner alone. He submits that due to non observance of the mandatory provision of Rule 8, the...grounds of appeal in brief. Thereafter, he came to the abrupt conclusion as under:Rule 12 of the rules is a mandatory provision which provides the manner in which the appellate authority...

...held that election petition is liable to be dismissed for non-compliance of Section 117, by virtue of Section 86(1) of the Act. 15. The Apex Court in the case of ...thing to be done in particular manner, then it has to be done in that manner and in no other manner." Section 86(1) of the A...of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may ...

...(a) and (b) of clause (7).”14. Where the law prescribes a thing to be done in a particular manner following a particular procedure, ...preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained...detention from time to time in the manner referred to above, has got its own significance. It must be remembered that restriction of initial period of detention to three months is nothing but...

..."shall" in the rule and ordinarily when such a word is used the legislative intention is to issue a mandate and the mandate has to be complied with strictly. The second argument is that when the legislature require...that a thing should be done in a prescribed manner or form but does not set out the consequences of non-compliance, it is reasonable to construe the same as directory. Sections 1...must be done in that manner only, The third argument is that in the last amendment in rule 9(j) the words "by...

...Rule 4 of Order 13 of the Civil Procedure Code. It is trite that when law requires a particular thing to be done in particular manner, it has ...(5) Bom.C.R 237. The learned counsel submits that the document was required to be de-exhibited and the learned Judge has committed an error in rejecting the said application. It is incorrect to...of stamp must be taken when the document is tendered in evidence and cannot be entertained subsequently. He further contends that an objection to the document which in itself is inadmissible in...

...hands is not prohibited by Rule 43(6) and so it cannot be held invalid is a difficult proposition to be accepted. When Rule 43(6) contemplates secrecy in the election, omission to mention the consequences ...if that Rule is mandatory in nature, it will have to be...account of the fact that it was not held in secrecy. Section 105 is to the effect that no act of a society or any committee or of any officer shall be deemed to be invalid by reason only of the existence...

...1999 (7) SC 256.27. The aforesaid settled legal proposition is based on a legal maxim “Expressio unius est exclusio alterius”, meaning thereby that if a statute provides for a thing to be done ...contravention of the same. It has been hitherto uncontroverted legal position that where a statute requires to do a certain thing in a certain way, the thing must be done in that way or n...it has to be done in that manner and in no other manner and following other course is not permissible. This maxim has consistently been followed, as is evident from...

.... Ritolia reported in AIR 2007 SC(Supp.) 1002: 2008 Cr. L.J. 353 has observed that when the statue provides a thing to be ...which is defined under Section 2(d), then it may be understood, the complaint must be oral or in writing to a Magistrate. The challan filed by the police on the basis of...caprice. The Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint. The Honble Supreme Court noted...

....) 1002: 2008 Cr. L.J 353 has observed that when the statue provides a thing to be done in particular manner for a...quashed and the revisional application should be dismissed.5. Having regard to the rival contention and submission, the moot question arises for consideration is whether in absence of...understood, the complaint must be oral or in writing to a Magistrate. The challan filed by the police on the basis of some information of a police officer would not partake the character of a complaint...

...(2014) 3 SCC 502 was a case wherein agricultural land was sold by an agriculturist to another person for industrial purposes. Permission was to be granted by th...it should be done in that manner itself. Such proposition...Sarfaesi Act are mandatory or directory should be answered in light of the principles enumerated above. As stated above, the object and purpose of the said time-limit is to ensure that such applications...