...provision is mandatory or directory, would, in the ultimate analysis, depend upon the intent of the lawmaker and that has to be gathered not only from the phraseology of the provision but also by...(1980) 1 SCC 403, AIR 1980 SC 303 this Court held that the difference between a mandatory and directory rule is that the former requires strict observance while in...clothed but in the context in which it is used and the purpose it seeks to serve. The meaning has to be ascribed to the word ‘shall’ as mandatory or as directory, accordingly. Equally, it is settled law...

....The distinction is not quite so clear-cut as this suggests, since the same condition may be both mandatory and directory; mandatory as to substantial compliance, but director as to...provision is mandatory or directory, would, in the ultimate analysis, depend upon the intent of the lawmaker and that has to be gathered not only from the phraseology of the provision but also by considering...-Din v. Abdul Gani Lone this Court held that the difference between a mandatory and directory rule is that the former requires strict observance while in the case of latter, substantial compliance...

...consider the ground as to publication and three questions fall to be decided in that behalf: (firstly) is publication as provided in Section 13(3) mandatory or directory, for it is contended on behalf of...v. Manbodhan Lal Srivastava (1958) SCR 533 where Article 320(3)(c) of the Constitution was held to be directory and not mandatory, and...light of the circumstances to which we have referred above and which are helpful in determining whether a particular provision is mandatory or directory. Article 320(3)(c) provides for...

...of Goa were directory and not mandatory and failure to comply with such Rules will not nullify the decision taken by the State Government. Shri F.S Nariman, learned Senior Counsel submitted that it...is now settled law, that, violation of conduct of the Business Rules does not vitiate the decision or order, since the Rules of Business are only directory and not mandatory. The learned Senior Counsel...provisions of Article 166 of the Constitution are only directory and not mandatory in character. And if they are not complied with, it can be established as a question of fact that the...

...mandatory. This Court further held that the publication in the locality and newspapers was directory. Thus, this Court had, by interpretation, facilitated achievement of the objects of the Act...stated earlier, the question as to whether the statute is mandatory or directory depends upon the intent of the legislature and not always upon the language in which the intent is couched. The meaning and...problem of mandatory and directory legislation is a hazard to all governmental activity, it is peculiarly hazardous to administrative agencies because the validity of their action depends upon exercise...

...submitted that the provisions of Order 8 Rule 1 CPC being in the realm of procedural law, the time-limit contained therein should be construed as directory and not mandatory assuming the provision is...Counsel for the appellant that, in any event, Order 8 Rule 1 CPC is not mandatory but directory in nature, a submission on which both the learned counsel for the parties have forcefully argued and the...features certain consequences follow.34. Justice G.P Singh notes in his celebrated work Principles of Statutory Interpretation (9th Edn., 2004) while dealing with mandatory and directory provisions...

...benefits of an exemption clause that are important. Substantial compliance with an enactment is insisted, where mandatory and directory requirements are lumped together, for in such a case, if mandatory...nature and hence directory, warranting liberal construction, and if so construed, the benefit of the exemption notification cannot be denied. The learned Senior Counsel submitted that the Tribunals and...notification i.e by the plain terms of the exemption.”31. Of course, some of the provisions of an exemption notification may be directory in nature and some are...

...between mandatory and directory statutory requirements but those cases again are of no avail to him in the view that we have taken. We also desire to state that the effect of the non-performance of a...Regulations in the prescribed manner, that is, in the Official Gazette was mandatory under Section 13(4) and that failure to so publish the Outline Development Plan and the Regulations rendered them...be a substitute for publication. We do not think that these two cases are of assistance to Shri Cooper. What was laid down in those cases was the mandatory requirement of a full and frank disclosure...

...mandatory and directory rule is that the former requires strict observance while in the case of latter, substantial compliance with the rule may be enough and where the statute provides that failure.... Whether the provision is mandatory or directory, depends upon the intent of the legislature and not upon the language for which the intent is clothed. But the circumstance that the legislature has...) are merely directory and not mandatory as it prescribes only a duty to give the copy of the FIR.23. In Shashikant v. CBI...

...considered. The link between the two is most important. The weighing of the consequence of holding a provision to be mandatory or directory is vital and, more often than not, determinative of the very...there could be no cause for complaint. I am clearly of the view that Rule 9(j) of the Prevention of Food Adulteration Rules was directory and not mandatory. The decisions in Public Prosecutor v...force at the relevant time has since been omitted with effect from January 4, 1977 — was fatal to a prosecution under the Prevention of Food Adulteration Act. Was Rule 9(j) mandatory or directory? There...

...word “may” occurring in Section 27 of the Act must be construed as a mandatory provision and not a directory provision as the word “may”, in our view, was used by the legislature to mean...decisive. Regard must be had to the context, subject-matter and object of the statutory provision in question in determining whether the same is mandatory or directory. No universal principle of law could...achieve. In Sutherland's Statutory Construction (3rd Edn.), Vol. 1 at p. 81 in Para 316, it is stated that although the problem of mandatory and directory legislation is a hazard to all governmental...

...the erstwhile provisions of section 80J(6A) of the said Act.2. This court has already interpreted the latter provisions and has held the same to be directory and not mandatory. The...inasmuch as the same are directory and not mandatory.3. A similar view would have to be taken in the present case also inasmuch as the provisions are the same. Consequently, we do not find...contention of the Revenue was that unless and until the audit report is filed along with the return, the benefit of section 10A cannot be available to the assessee. Recently, we have considered the...

...belatedly would be contrary to mandate of Order VIII Rule 6(A) of CPC. This court and Apex court have consistently held that provisions of order VIII is not mandatory and directory and if the...) 1 AND: M/s.FLATWORLD SOLUTIONS PRIVATE LIMITED A COMPANY...INCORPORATED UNDER COMPANIES ACT, 1956 AND HAVING ITS REIGSTERED OFFICE AT #210, 5TH `A' CROSS, 3RD BLOCK, HRBR LAYOUT...

...support the view that the provisions of S. 24 are mandatory and that the failure to comply with the provisions invalidates the subsequent proceedings. Provisions of law requiring a certain procedure have been divided into two classes, mandatory and directory, and...impressed by the use of the word “mandatory”, and I have never been able to see why it should be easier to decide whether a provision of law is mandatory or directory than to decide whether failure to...1934. The first point taken is that Sitaram was not examined by the insolvency Court as required by Section 24(2) of the Prov. Insol. Act, and that therefore the subsequent...

...High Court was mandatory but the manner of making such deposit was directory and further held that although there was no strict or literal compliance with the requirements of Rule 8 of the Election...two parts, one part being treated as mandatory and the other as directory. It is further urged that the words “in accordance with the rules of the High Court under sub-section (1) of Section 117” were...learned counsel that sub-section (1) of Section 117 cannot be dissected into two parts, one part being treated as mandatory and the other as directory. The contention is wholly misconceived and indeed...

.... 153 of 1982 and the main question that arises for consideration is whether Rule 7(3) of the Prevention of Food Adulteration Rules is mandatory or only directory? The appellant Usman (A-1) was a vendor...months SI and to pay a fine of Rs 1000, in default of payment of which to further undergo SI for two months. The High Court held that Rule 7(3) is not mandatory and non-compliance of the same need be considered only if the prejudice is established. Likewise, the High Court following the judgment of the Supreme Court in Tulsiram v. State of M.P (1984) 4 SCC 487 held that Rule 9(a) also is not mandatory but only directory.2...7(3) is mandatory.6. Now we shall also list out the cases where the said rule is held to be only directory and not mandatory. In Food and Sanitary Inspector, Giddalur...

...of all the documents that is done on the spot, FIR is lodged after that, thus, there is a gross procedural error and the mandatory and directory provisions laid down under Sections 50, 52, 55 and 57...criminal history and all the procedure that are directive or mandatory in nature as provided in the NDPS Act have been followed. In the present matter, the directive of Section 50 laid down under the.... No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S...

...Order VIII, Rule 1 of the Civil Procedure Code is not mandatory and directory in nature. The court, in exceptional and special circumstances, can extend the time as the litigation...herein is illegal and is liable to be quashed and set aside. It is no doubt true that the service of summons were served on the opposite party no. 6 but the written statement came to be filed after the...expiration of the statutory period. The court held that the said opposite party was under some constraint which was beyond conceivable imagination and therefore extended the time to file the written...

...distinction between a mandatory and directory provision. If the non-compliance with the requirement of law exposes the assessee to the penal provision, then it is mandatory, but if no penal consequences...Shetty & Sons v. State of Karnataka [1992] 193 ITR 548 had the occasion to consider the distinction between a mandatory and directory provision. It held : 'In other words, one of the crucial tests...statutory requirement. If no penal consequences are indicated, then it would be safe to infer that the statutory requirement was directory and not obligatory or compulsory.' In reaching this conclusion the Hon'ble High Court relied on the judgment of the Hon'ble Apex Court in State of Uttar Pradesh v. Babu Ram Upadhya AIR 1961 AC 751.7. It is trite law that omission to comply with a mandatory requirement...