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arriving at
the conclusion whether a particular provision is mandatory
or directory.
The respondent strongly relies on the State ... helpful in
determining whether a particular provision is mandatory or
directory. Article 320(3) (c) provides for consultation
with
Supreme Court of India
whether Order
8 of the Code is a mandatory provision or directory. If it is mandatory, the
first conclusion could ... provision must be
complied with and that it is mandatory in character.
18. Whether the statute is mandatory or directory
Madras High Court
decisions to find
out whether a particular provision is mandatory or directory. The first
decision relied ... well-accepted tests for determining whether a provision is directory or
mandatory is to see whether the enactment provides
Madras High Court
provisions
contained in the proviso to Section 83(1) and Rule 94-A were not
mandatory but only directory ... into consideration for determining whether a statutory
provision is directory or mandatory have been indicated. In Hari Vishnu
v. Alimad
Madhya Pradesh High Court
compliance is required then the provision is mandatory."
11. The distinction between mandatory and directory acts is stated ... provisions of law which are not mandatory are directory.
Although directory provisions are not intended by the legislature
Rajasthan High Court
determination of the question whether a provision is mandatory
or directory would, in the ultimate analysis, depend upon the intent ... question whether a particular provision is mandatory or
directory was examined. The question that came up for consideration was
whether
Rajasthan High Court
appropriate to point out
the distinction between the mandatory and directory provision of law.
11. In Halsbury's Laws ... directory provisions as under:
"A statute, or one or more of its provisions, may be either
mandatory or directory. While
Rajasthan High Court
employed in order to determine whether a provision
is mandatory or directory in character is to consider whether ... immaterial whether the provisions are mandatory or directory. If the
provisions of Article 320(3)(c) do apply, then
Bombay High Court
decisions to
find out whether a particular provision is mandatory or directory. The
first decision relied ... well-accepted tests for determining
whether a provision is directory or mandatory is to see whether the
enactment provides
Madras High Court
decisions to
find out whether a particular provision is mandatory or directory. The
first decision relied ... well-accepted tests for
determining whether a provision is directory or mandatory is to see
whether the enactment provides
Madras High Court
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