Procedural

Mangalore Chemicals & Fertilizers Ltd. vs. Dy. Commissioner of Commercial Taxes & Ors.

Mangalore Chemicals & Fertilizers Ltd. vs. Dy. Commissioner of Commercial Taxes & Ors. 1992 Supp (1) SCC 21 Key Words: Substantial, Procedural, Non-compliance, Statutory, Mandatory, Technicalilties Facts: Karnataka State Government issued a notification (1969) in order to provide certain incentives to entrepreneurs starting new industries in the State. The notification contained a package of reliefs…

Procedural

Pandiyan Roadways Corpn. Ltd. v. N. Balakrishnan

Pandiyan Roadways Corpn. Ltd. v. N. Balakrishnan (2007) 9 SCC 755 Key Words: shall, directory, mandatory, substantive, procedural, prejudice, non-compliance Facts: Respondent herein was employed as a helper of Appellant. A criminal complaint was lodged against him for alleged commission of theft. A disciplinary proceeding was also initiated against him. In the disciplinary proceeding, he…

Procedural

State Bank of Patiala & Ors. vs. S.K. Sharma

State Bank of Patiala & Ors. vs. S.K. Sharma (1996) 3 SCC 364 Key Words: non-compliance, substantial compliance, prejudice, substantive, procedural Facts: A disciplinary enquiry was held against the respondent in respect of certain charges. At the conclusion of the enquiry, a report was submitted by the enquiry officer holding both the charges established. The…

Procedural

May George vs. Special Tahsildar & Ors.

May George vs. Special Tahsildar & Ors. (2010) 13 SCC 98 Key Words:┬ámandatory, directory, non-compliance, object and purpose, shall, prejudice, legislative intent Facts The case of the appellant was that a part of her land had been acquired under land acquisition proceedings without her being served with notice under Section 9(3)[1] of the Land Acquisition…

Procedural

Raza Buland Sugar Co Ltd. vs. The Municipal Board, Rampur

Raza Buland Sugar Co Ltd. vs. The Municipal Board, Rampur [1965] 1 SCR 970 Key Words:┬ámandatory, directory, non-compliance, object and purpose, shall, prejudice, legislative intent Facts: Rampur Municipality, by a special resolution, proposed to levy property tax on persons or a class or persons. S. 131(3) is divided into two parts. The first part lays…

Procedural

State of Haryana & Anr. vs. Raghubir Dayal

State of Haryana & Anr. vs. Raghubir Dayal (1995) 1 SCC 133 Key Words:┬ámandatory, directory, non-compliance, object and purpose, shall, prejudice FACTS: In this case Punjab and Haryana High Court allowed a writ petition filed by the respondent holding that publication of the substance of the notification under Sections 4(1)[1] and 6 of the Land…