Court : Supreme Court of India
Reported in : AIR1983SC303; 1982(30)BLJR420; 1983CriLJ448; 1982(1)SCALE573; (1984)2SCC486; 1982(14)LC559(SC)
ORDER1. One of the questions raised in this petition for special leave to appeal to this Court is whether the failure to supply a copy of the Report of the Public Analyst within the period of 10 days stipulated by Rule 9(j) of the Prevention of Food Adulteration Act, as it was in force at the relevant time-it may be noticed here that Rule 9(j) which was in 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 are no ready tests or invariable formulae to determine whether a provision is mandatory or directory. The broad purpose of the statute is important. The object of the particular provision must be 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 that not, determinative of the very question whether the provision is mandator...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1986Supp(1)SCC719
O. Chinnappa Reddy, J.1. This is a writ petition in a matter where petition for special leave against the judgment of the High Court has already been dismissed by this Court. The petitioner has now chosen to file this application under Article 32 of the Constitution. On the face of it the petition is not maintainable. There is not even a semblance of a question of law or an error of jurisdiction. There is not even a remote justification for filing this petition. It is a pity that the time of this Court which is becoming acutely precious because of the piling arrears has to be wasted on hearing such petitions. Perhaps many such petitions may be avoided if learned counsel who are officers of the court and who are expected to assist the court tender proper advice to their clients. I appeal to members of the Bar to realise that the great burden of dispensing justice is a burden which it is their duty to share and it is their duty to see that the burden should not be needlessly made unbeara...
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