Law: Government of India Act, 1935

Section: S. 175 (3)

 Government of India Act, 1935, S. 175 (3) and Constitu tion of Pakistan (1956),Art. 135-- Provisions directory and not mandatory-Contract otherwise completed would not be rendered void or unenforceable simply on account of absence of formal agreement in prescribed form-Language of provisions different from that used in S. 30 (2), Government of India Act, 1915, and S. 29 (5), Government of India Act, 1919-[Chatturbhuj Vithaldas Jasani v. Moreshwar Parashram and others A I IZ. 1954 S C 236 dissented from--Interpretation of Statutes by Maxwell (10th edition); Zain Noorani v. Secretary of the National Assembly of Pakistan P L D 1957 S C (Pak.) 46 ; Sarfraz Khan and another v. Crown P L D 1950 Lah. 384 ; Khalid Waheed and another v. The Crown P L D 1956 Lah. 541; Azim Khan v. The State of Pakistan and another P L D 1957 Kar. 892 ; Province of West Pakistan v. Messrs Mistri and Patel Company and another P L D 1959 Kar. 782 ; Secretary of State v. Bhagwandas Goverdhandas A I R 1938 Bom. 168 ; Nalini Kanta Roy v. The Province of East Pakistan and another P L D 1961 Dacca 536 ; Laclaire Pakistan Corporation v. The Islamic Republic of Pakistan P L D 1957 Kar. 285 ; Regular First Appeal No. 11 of 1957 and Syed Abdus Samad v. The Federation of Pakistan First Appeal No. 22 of 1954 ref.].   Interpretation of Statutes -- Enactment directing per formance of public duty (election) within certain time-Duty not performed within such time-Neglect, held, not penal-Does not affect validity of duty performed after lapse of time.   Interpretation of Statutes by Maxwell, 10th Edn. p. 376 ref.  JUDGMENT   MASUD AHMED, J.-This is an appeal against an order dated the 17th April 1957 passed by a Single Judge of this Court, who set aside an award In favour of the Federation of Pakistan which was made on the reference without the intervention of the Court. The facts, briefly, are that the respondents, namely, the Amin Agencies, made an offer to the Director of Purchase (Defence) on the 25th October 1948, for supplying 150 tons of ghee, at the rate of Rs. 180 per maund. This offer was accepted by the Director of Purchase (Defence) and the acceptance was communicated…