if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner alone
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.102 OF 2021
(Arising out of SLP (Criminal) No.4171 of 2020)
OPTO Circuit India Ltd. Versus
Axis Bank & Ors.
3 Judge bench , through the J U D G M E N T of A.S. Bopanna, J., held that
15. This Court has time and again emphasised that if a
statute provides for a thing to be done in a particular
manner, then it has to be done in that manner alone and
Page 17 of 21
in no other manner. Among others, in a matter relating
to the presentation of an Election Petition, as per the
procedure prescribed under the Patna High Court Rules,
this Court had an occasion to consider the Rules to find
out as to what would be a valid presentation of an
Election Petition in the case of Chandra Kishor Jha vs.
Mahavir Prasad and Ors. (1999) 8 SCC 266 and in the
course of consideration observed as hereunder:
It is a well settled salutary principle that if a
statute provides for a thing to be done in a
particular manner, then it has to be done in
that manner and in no other manner.
Therefore, if the salutary principle is kept in perspective,
in the instant case, though the Authorised Officer is
vested with sufficient power; such power is circumscribed
by a procedure laid down under the statute. As such the
power is to be exercised in that manner alone, failing
which it would fall foul of the requirement of complying
due process under law. We have found fault with the
Authorised Officer and declared the action bad only in so
far as not following the legal requirement before and after
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freezing the account. This shall not be construed as an
opinion expressed on the merit of the allegation or any
other aspect relating to the matter and the action
initiated against the appellant and its Directors which is
a matter to be taken note in appropriate proceedings if at
all any issue is raised by the aggrieved party.