P.Kishore ...Petitioner Vs 1.The Secretary to Government
Background
Print PageBackground
Print PageIn my opinion, this contention of the learned Attorney-General must prevail. It is well settled that generally speaking the provisions of a statute creating public duties are directory and those conferring private rights are imperative. When the provisions of a statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty and at the same time would not promote the main object of the legislature, it has been the practice of the Courts to hold such provisions to be directory only, the neglect of them not affecting the validity of the acts done. The considerations which weighed with (1) [1947] F.C.R. 141 (154-9).
SUPREME COURT OF INDIA
Analysis of K.B. Saha & Sons Pvt. Ltd v. Development Consultant Ltd (2008) 8 SCC 654
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