AI Overview...
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Publication Requirement - Several sources emphasize that rules or orders made under statutory rules must necessarily provide for publication and proof of publication in judicial proceedings. For instance, courts have held that rules like R. 141(2) of the Defence of India Rules, 1962, are valid despite challenges to their publication requirements, as they were made under specific rule-making powers Shree Hanuman Match Works & Anr. VS State of Assam & Ors. - Gauhati, MANGILAL VS State Of Maharashtra - Supreme Court.
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Validity Without Prior Publication - Courts have also recognized that certain rules or regulations do not require prior publication to be valid, provided they are made within the scope of the rule-making authority. For example, in the context of the SARFAESI Act, the absence of prior notice or publication was deemed acceptable because the Act and rules did not explicitly mandate it T.N.RAJESH Vs CHIEF MANAGER, BANK OF INDIA - Kerala.
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Specifics of Publication and Advertisement - The manner of publication, such as advertising sales or resale notices, must adhere to prescribed procedures. For instance, local newspaper advertisements must follow specific directions outlined in rules like Order XXI Rule 67 and Rule 54(2), and courts have clarified that publication must meet these prescribed modes to be valid Saheb Khan VS Mohd. Yusufuddin - Supreme Court.
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Timeframes and Additional Requirements - Certain rules specify minimum timeframes (e.g., 30 days) for publication or notices, and courts have held that these provisions cannot be extended by implication. For example, Rule 34(2) of the Assam Minor Mineral Concession Rules, 2013, does not require additional publication periods beyond what is explicitly stated RATUL DAS VS STATE OF ASSAM - Gauhati.
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Waiver and Effect of Publication - Courts have recognized that publication can sometimes be waived by parties, such as judgment debtors waiving the requirement for fresh publication under specific rules, which validates subsequent proceedings MANNEM PEDA NARIGI REDDI VS MADDI VENKAYYA - Andhra Pradesh.
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Post-Publication Review and Provisional Results - Regulations may or may not provide for post-publication review or provisional results. Courts have held that results declared without provision for review are final and not subject to modification, emphasizing the importance of adherence to the rules' explicit provisions PRATAP KUMAR RATH VS BOARD OF SECONDARY EDUCATION - Orissa.
Analysis and Conclusion:
Overall, the key insight is that statutory rules and regulations generally must explicitly provide for publication and proof of publication to ensure validity and enforceability. While some rules do not require prior publication if made under specific powers, adherence to prescribed modes and timeframes is crucial. Courts uphold the validity of rules made within authority, even if publication requirements are challenged, provided the rules themselves specify the procedures. Waivers and specific provisions for publication can influence the legal validity of proceedings, but in absence of such provisions, strict compliance is necessary.
Search Results for "Rule does Not Provide for Publication"
1982 0 Supreme(Gau) 15 • India - Gauhati
B.L.HANSARIA, K.LAHIRI
The court interpreted section 24A(2) as conferring a specific rule-making power to provide for the circumstances and conditions under ... Final Decision: The court held that the impugned rule was not void for lack of "previous publication" and that it could not ... The court held that the impugned rule was not void for lack of "previous publication" as it was made under the rule-making power ... On the other hand,....
1969 0 Supreme(SC) 343 • India - Supreme Court
G.K.MITTER, P.JAGANMOHAN REDDY, S.M.SIKRI
must necessarily provide for publication of orders made under Rules and they must also provide for proof in judicial proceedings ... of Fact of publication - Learned counsel has not been able to show Court any case in which a rule like R. 141 (2) has been challenged ... Whether confiscation of food grains in the house of appellant was legal - Whether R. 141 (2) of Defence of India Rules, 1962 is not ... The Rule must necessarily provide#HL_....
2006 3 Supreme 474 • India - Supreme Court
RUMA PAL, DALVEER BHANDARI, MARKANDEY KATJU
No doubt, the Trial Court has said that the sale should be given wide publicity but that does not necessarily mean by publication ... The provisions of Order XXI Rule 67 clearly provide if the sale is to be advertised in the local newspaper, there must be specific ... manner prescribed by Rule 54, sub-rule (2)”. ... The provisions of Order XXI Rule 67 clearly provide if the sale is to be advertised in the local newspaper, there must be specific direc....
2018 0 Supreme(Gau) 1194 • India - Gauhati
AJIT SINGH, ACHINTYA MALLA BUJOR BARUA
Assam Minor Mineral Concession Rules, 2013 - Rule-34 - Resulting in a re-sale notice - Highest bidder - ... Choudhury, in the instant case, the provisions of Rule 34(2) clearly does not provide for any requirement of 21 days for the paper publication and therefore, the Court cannot add any further word to the provisions of Rule 34(2) for arriving at a conclusion that there is also a requirement of adhering ... Rule-34(2) does not contain a stipulatio....
2008 Supreme(Online)(KER) 51346 • India - High Court of Kerala
K.S.RADHAKRISHNAN, J
Finding of the Court: The court upheld the proceedings under the SARFAESI Act, emphasizing that Section 13 (4) does not ... Ratio Decidendi: The court determined that the SARFAESI Act's provisions do not necessitate a prior notice, establishing the ... It has, however, to be followed by publication. Section 13 (4) does not contemplate and Rule 8 does not provide any prior notice for such process. Therefore, the issue raised fails. ... Section 13 (4) does n....
2017 0 Supreme(Gau) 747 • India - Gauhati
A.K.GOSWAMI
publicity in the area where the Mining Area is located – Schedule to be indicated, according to the perception of the Court, need not ... Constitution of India – Article 226 – Assam Minor Mineral Concessions Rule, 2013 – Rule 32(1) and 33(1) ... 34(3), public notice, as required to be published under Rule 34(1), is required to be sent to Deputy Commissioner for giving wide ... Chutia, learned State counsel has submitted that only three tenderers had responded to the resale notice in question and admittedly, as paper #HL_....
1976 0 Supreme(AP) 192 • India - Andhra Pradesh
K.RAMACHANDRA RAO
The court held that the judgment debtors could only waive fresh publication of the proclamation under Order 21 Rule 69 (2) CPC, but ... - EFFECT - WAIVER - FRESH PUBLICATION OF PROCLAMATION - WAIVER - EFFECT - SALE - VALIDITY. ... in the prescribed form and did not conform to the requirements of Order 21 Rule 66 (2) of the Code of Civil Procedure. ... Under Order 21 Rule 69 (2.) CPC fresh publication of the proclamation can be waived by the Judgment-debtor but it does....
1992 0 Supreme(Ori) 47 • India - Orissa
D.P.MOHAPATRA, J.M.MAHAPATRA
subsequently, as the regulations did not provide for any provisional or final publication of results or for post publication review ... review, as the regulations did not provide for such a review. 3. ... The court held that the results declared on 12-11-1990 were not provisional in nature subject to modification on post publication ... It is also contended that the regulations do not provide for post pub....
1969 0 Supreme(SC) 342 • India - Supreme Court
G.L.MITTAL, P.JAGANMOHAN REDDY, S.M.SIKRI
must necessarily provide for the publication of orders made under the Rules and they must also provide for proof in judicial proceedings ... of the fact of publication. – Counsel has not been able to show us any case in which a rule like R. 141 (2) has been challenged, ... confiscation of the food grains in the house of the appellant was legal; and Whether R. 141 (2) of the Defence of India Rules, 1962 is not ... The Rule must necessarily p....
2008 0 Supreme(Ker) 448 • India - Kerala
THOTTATHIL B.RADHAKRISHNAN
Kerala Co operative Societies Rules 1969 -Rule. 35( 3)(b) -Petitioner member of the first respondent, a ... On the other hand, not less than 30 days� is outside these two points of time. must be an interval of not less than 30 days and that ... in violation of R. 35(3)(a)(iii) of the Kerala Co-operative Societies Rules, 1969 -Held, judgment expressions within 30 days and not ... Following the aforesaid decisions of the Bombay High Court and Patna High Court with which I am in respectful agreement, it has to be necessaril....
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