Supreme Court: Generally speaking the provisions of a statute creating public duties are directory and those conferring private rights are imperative

 The Constitution Bench of the Hon'ble Supreme Court in Dattatraya Moreshwar Vs The State of Bombay MANU/SC/0014/1952 : 1952:INSC:18 : AIR 1952 SC 181) held 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 Courts to hold such provisions to be directory.

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)

W.A. (MD) Nos. 1155 of 2020, 1200, 1216 of 2019, C.M.P. (MD) Nos. 6322, 10380 and 10467 of 2019

Decided On: 07.02.2025

Deepa Vs. S. Vijayalakshmi and Ors.

Hon'ble Judges/Coram:

G.R. Swaminathan and M. Jothiraman, JJ.

Author: G.R. Swaminathan, J.

Citation:  MANU/TN/0552/2025.

Read full judgment here: Click here.

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