The question (6 marks)
A Central Act regulating charitable endowments provides that the Commissioner "shall give the trustee an opportunity of being heard before cancelling a registration", and that he "shall pronounce his order within forty-five days of the conclusion of the hearing". In one case the Commissioner cancelled a registration without hearing the trustee at all; in another he heard the trustee fully but pronounced his order on the sixtieth day. The Act prescribes no consequence for either default. Both orders are challenged. Decide, stating the test you apply. (6 marks)
MU Module II, situational problem on mandatory and directory provisions; pack ch. 02 (Khub Chand, Sirsilk, Remington Rand).
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Subsidiary Rules and Construction by Subject Matter of Interpretation of Statutes.
Authorities you will need
- Lalita Kumari v. Govt. of U.P.
- Sirsilk Ltd. v. Govt. of Andhra Pradesh
- The Remington Rand of India Ltd. v. The Workmen
- Sainik Motors v. State of Rajasthan, per Hidayatullah J.
- Madanlal v. Changdeo Sugar Mills
- Maneka Gandhi v. Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.