...exception, by a long line of adjudications. Viner says “acts done by an officer de facto and not de jure are good, for the law favours one in a refuted authority” (Abridgment, Tit. Officers and Officers...G. 4). In fact the question for determination in cases involving the application of the de facto doctrine, is not, as a rule, whether the challenged acts, assuming the officer to be de facto, as such are v...he was purporting to exercise the functions and duties of a Gazetted Officer of Enforcement under Section 40(1) of FERA and therefore the de facto doctrine was attracted. He relies upon the decision of this Court in ...

...otherwise the appellant could have appointed a non-official as an Enquiry Officer and therefore his decision could be saved on the de facto doctrine.5. Taking the last submission first we think th...continued to function as an Enquiry Officer de facto and hence his actions and decisions were saved. The de facto doctrine has two requisites, namely, (i) the possession of the office and the performance..., or claim some privilege or benefit by reason of being the officer which he claims to be. In all other cases, the acts of an officer de facto are valid and effectual, while he is suffered to retain...

...person presented by an usurping patron, who was wholly without authority to present, was a good person de facto : abbey of fontaine, (1431) yb 9 h6 fol 32. Secondly that a clerk of a lord of the manor holding a manorial court withou...make him a de facto officer ; parker v. Kett, ( ( 1693 - 1701) 1 ld ravm 658 = 12 mod 467) , which is not inconsistent with the decision in rex v. Lide, ( ( 1738) andres 163) and, seventhly the adoption...of lord holts definition that an officer de facto is none other than he who has the reputation of being the officer he assumes to be. Although he is not such in point of law, by lord ellenborough in...

.... Nevertheless, he was the de facto presiding officer of a Labour Court.43. The question then arises what is the effect of an award made by an officer de facto functioning as a La.... Bedford Level (1805) 6 East. 359. The view, however, has sometimes been maintained that there can be no de facto officer where there is no office de jure; Norton v. Shelby County...been declared unconstitutional, be regarded as conferring colour of title, and that the incumbent of such an office should be treated as a de facto officer. The two fundamental pre-requisities to the...

.... In our view, the submission which has been urged on behalf of the Petitioner would have to be considered from the perspective of the de facto doctrine. Whether the de facto doctrine can be applied in a situation ...de facto doctrine was evolved in order to balance the absence of power on the one hand with the consequence emanating from an annulment of the act or the decision of the officer consequent upon a...as valid under the de facto doctrine, bom of necessity and public policy to prevent needless confusion and endless mischief”21. In Central Bank Of India v. C....

...advocate for the petitioners, however, invoked the 'de facto doctrine' and contended that since under the aforementioned Government Resolutions the District Panchayat, Mehsana was under an obligation to delegate the powers, function..., was a de facto officer and hence his order must be held to be valid and...in the interest of the de facto officer, it ought to be upheld to prevent mischief and protect the interest of the members of the public who have on the basis of the permission sold their lands to...

....47. The case of Bedford Level is an authority for the proposition that the acts of an officer de facto, performed after his de facto colour has been exposed, cannot be defended. It does no...before his de facto colour has been exposed can also be impeached in a collateral proceeding.48. Rex v. Verelst 1813 3 Camp. 432—170 E.R 1435. is discussed in the judgment of brother...establishes the twin rule, for otherwise it would not have been necessary for Lord Ellenborough to try to show elaborately that the acts of an officer de facto, if performed after his de facto colour has b...

...pure logic but for reasons of practical necessity. To clear the confusion and settle the chaos, judges have invented the de facto doctrine, which we shall presently examine. De facto doctrine is thus a doctrine of ...Limitations, 8th Edn., Vol. 2, p. 1355, it is said:“An officer de facto is one who by some colour or right is in possession of an office and for the time being...acts of an officer de facto are as valid and effectual, while he is supposed to retain the office, as though he were an officer by right, and the same legal consequences will flow from them for the...

...year vacancies but was allowed to continue as de-facto officer in the IFS Cadre because of the interim order passed by this Court dated 12 November, 2007 and while holding the post in the IFS cadre stood...subsequent years. At the same time, this fact cannot be ignored that he was allowed to continue till he attained superannuation in September 2013 as a de-facto IFS officer because of the interim order...de-facto member of the IFS cadre because of the interim order passed by this Court dated 12 November, 2007 and stood retired from service in September 2013 as an IFS officer, while exercising our...

...facto officer, persons cannot act as de facto officers of an office which has been abolished.”13. H. Eliot Kaplan writes in his book entitled The Law of Civil...rendered service to Government.3. The headman who goes by various names such as monigar, potail, naidoo, reddy, peddakapu etc. is an important officer. He represented the...Divisional Officer and against his order, an appeal lay to the District Revenue Officer and then a revision to the Board of Revenue and a second revision to Government. They were not constituted into...

...fact that the sanction was given by the Local Government under sec., 196 is not disputed. That the Local Government is and has been for years the de facto Government of the Province, is admitted. The Appellants do not seek to challe...can be no de facto officer where there is no office de jure. Norton v. Shelby County(7). But the contrary opinion has been maintained upon weighty reasons; it has been held that an...as a de facto officer. The two fundamental prerequisites to the existence of a de facto officer are, first, the possession of the office and the performance of the duties attached to it and, secon...

...than 7 years and was ineligible for appointment as the Presiding Officer of a Labour Court, (2) nevertheless Shri Deb was the de facto Presiding Officer of a Labour Court, and his award was not open to...award void? (3) Was Shri Deb a de facto Presiding Officer of the Labour Court, and if so, is his/award open to challenge in a writ petition by a Writ of certiorari and mandamus, (4) Is his award open...whether Shri Deb was the de facto presiding officer of the labour court, and if so, with what effect? The de factor doctrine is fully developed in the United States of America. A de facto ...

...it was not valid. But, the Kerala High Court upheld the said selection, applying the principle of de facto doctrine Likewise in , a Division Bench of this Court applied the said doctrine in a defective appointment by a de ...be considered as a de facto officer since he is entitled to make such an appointment and on that account should be held to be a dejure officer. Only what is required is pursuant to the abovesaid...: The defective appointment of a de facto officer may be questioned directly in proceeding to which he may be a party but it cannot be permitted to be questioned in a litigation which...

...voiding of his appointment by the Court, vitiated the impugned order and if the impugned order was saved by doctrine of de facto officer, was in issue in that case and in such circumstances, after...public policy, the principle of public acquiescence in the act of de facto officer and the imperative need of public convenience. The principle his in fact been legislatively recognised and there is a.... In view of the above it was Dr. Banerjee's claim and contentions that the doctrine of de facto officer should also be applied in this case if his submissions on the first part as indicated earlier...

...decision in Norton's case was referred to with approval by the Supreme Court only to the extent the latter was examining the doctrine of de facto Judge and its application. The passage relied upon by the Supreme Court from Norton's ...irregular, the Court was a de facto Court and its Judge and clerk de facto Officers. The general rule that the title of the de facto Officer cannot be attacked collaterally was accordingl...relates to the creation of the office itself. If violation of the constitutional provision for purposes of a de facto Officer was found inconsequential, we see no reason how it can assume any...

...jure officers. The Supreme Court thus, held that the de facto doctrine can be invoked in cases where there is an appointment to office which is defective; but notwithstanding the defect to the title of the office, the decisions made...be true of a total intruder of usurper of office. While the de facto doctrine saves official acts done by an officer whose appointment is found to be defective the private parties to a litigation are...reference can simply be resolved by relying on the principle akin to the de facto doctrine.23. In the leading judgment in...

..., black gram, etc. For that he obtained registration certificate and CST form from the Assistant Commercial Tax Officer, Tenali. The de facto complainant, PW 1 P. Rama Krishna was required to obtain composite licence from t...facto complainant on 22-12-1996 and submitted his report on 23-12-1996.6. According to the prosecution, on 30-12-1996 the de facto complainant went to the office of the District Supply ....8. Prosecution case further is that thereafter, the trap party consisting of the de facto complainant, PW 3 and PW 5, D.V.S.S Murthy went to the office of the District Supply Officer where...

...319, the Supreme Court reiterated its earlier view that the de facto doctrine can be invoked in cases where there is an appointment to office which is defective but notwithstanding the defect to the title of the office, the decision...with the powers and functions of the office would be as efficacious as that made by a de jure officer. The de facto doctrine saves official acts done by an officer whose..., (1981) 3 SCC 132 : AIR 1981 SC 1473, wherein the Supreme Court observed (at page 1478):“A judge, ...

...petitioner was at a place which may be within the jurisdiction of Jangipara Police Station. The petitioner is present in Court. The de-facto complainant claims that the photograph was taken on the de- .... Let the matter appear on October 5, 2018. The de-facto complainant will deposit his phone in course of this week to the Investigating Officer for the Investigating Officer ...inquiries and file a report on the returnable date. The Investigating Officer will return the phone to the de-facto complainant once the necessity of the phone is complete. (Abhijit Gangopadhyay, J.) (S...