Procedural or directory requirement
Procedural or directory requirement legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Government of Sindh ("Provincial Government") carried out the delimitation process after making amendments in the Sindh Local Government Act, 2013 through Sindh Local Government (Third Amendment) Ordinance, 2013
Plea on behalf of Provincial Government that there might be certain difficulties or deficiencies in the amendments but if such difficulties did not materially affect the election process and in case procedural and directory requirements were substantially complied with, then violation of law, if any, might be ignored as the date of Local Government elections was fast approaching
Validity
Lapses in the delimitation process and the effect of Sindh Local Government (Third Amendment) Ordinance, 2013 had far reaching adversative effects which could not be considered mere directory, thus the question of substantial compliance, either partial or impartial did not arise when the amendments were ab initio void and/or in derogation of the law and the constitutional mandate
Amendments made in the Sindh Local Government Act, 2013 through Sindh Local Government (Third Amendment) Ordinance, 2013 were struck down consequently
Constitutional petition was allowed accordingly.
"Procedural or directory requirement", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124944624
Precedents & Case Laws citing "Procedural or directory requirement"
1992 C L C 1437
SARDAR AKHTAR ALI ‑‑‑Petitioner Versus WASIM AHMED ‑‑‑Respondent
Court: Election Tribunal Sindh2006 C L C 566
MUHAMMAD ALI — Petitioner Versus ADDITIONAL DISTRICT JUDGE, JARANWALA and 2 others — Respondents
Court: LahoreP L D 1963 Dacca 318
MAFIZULLAH — ‑Appellant Versus MANAI ULLAH AND OTHERS — ‑Respondents
Court: (a) Sylhet Tenancy Act (XI of 1936), S. 65 (d) and Sylhet Tenancy Rules, r. 2‑Holding over as under‑raiyats after expiry of written lease covered by S. 65 (2)‑Ejectment notice terminating tenancy turns occupants into trespassers‑Service of notice under r. 2 by post‑Provisions being directory, service is valid and sufficient. Tara Das Mulakar v. Ram Doyal 2 C W N 125 distinguished.P L D 2020 Lahore 87
MUHAMMAD ASGHAR and 3 others — Petitioners Versus STATION HOUSE OFFICER and 2 others — Respondents
Court: High Court1987 C L C 726
Haji ABDUL JABBAR and others‑‑Petitioners Versus HARYANA ASBESTOS CEMENT
Court: Quetta2019 P T D 1890
Messrs STRONGMAN IDEAL FURNITURE Versus The CHIEF COMMISSIONER INLAND REVENUE and others
Court: Lahore High Court2007 C L C 281
Mst. KOUSAR BEGUM and another — Appellants Versus MATLOOB HUSSAIN SHAH and 2 others — Respondents
Court: Shariat Court (AJ&K)1990 C L C 1587
NAWAB‑‑‑Petitioner Versus ADDITIONAL COMMISSIONER (R), LAHORE DIVISION,
Court: Lahore1997 C L C 1724
Syed IFTIKHAR HUSSAIN GILANI‑‑‑Petitioner Versus ANWAR KAMAL KHAN and 3 others‑‑‑Respondents
Court: Election Tribunal, N‑W.F.P.1990 M L D 2084
NAZIR AHMAD and others‑‑Applicants Versus THE STATE‑‑Respondent
Court: Karachi