CiteTEXT
...480).16. According to him, the rigid interpretation of the proviso can lead to manifest injustice and that the word “shall” in ...such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons...phrase “no application for amendment shall be allowed”.30. The submission of the learned Senior Counsel is that when in the same section of an Act the ...
...“shall” in Section 47 of the Act as “may” would only mean that a party applying for enforcement of the award need not necessarily produce before the Court a document mentioned therein “at...opinion that the word “shall” appearing in Section 47 of the Act relating to the production of the evidence as specified in the provision at the time ...application. It is relevant to mention that the word “shall” is employed in Article IV. The object and purpose of the New York Convention as summarized by the Guide to ...
...Police Officer was only one under Section 7 of the Police Act. In the opinion written for the majority, Justice K. Subba Rao proceeded to sum-up the relevant Rules relating to ...the commercial dispute to a Mediator and fix a date for their appearance before the said Mediator.24. Though the word ‘shall’ in Section 12A of the ...Prelitigation mediation is mandatory on the part of the plaintiff to explore Settlement before filing suit under Commercial Court Act, the Rule framed used the word ‘shall’ and m...
..., it is the discretion of the court to take any one of the measures and may refuse to take further measures, as contemplated under Section 32 of ...respect, the Legislature has developed a convention to use the word “may” in place of “shall.” Therefore the word “may” used under.... 1 and 2 is that the word “may” under Section 32 of the Code is directory and not mandatory. According to learned counsel appearing for opposite parties No. 1 and 2, i...
.... Their Lordships observed that the word "shall" in its ordinary import was "obligatory" though there were many decisions wherein the Courts under different situations construed the word ...vitiate the enquiry proceedings. The relevant sub-rules of the rule may now be set out.
"16.38(1) Immediate information shall be given to the District Magistrate...contrary to the rules of natural justice.
(4) It may be mentioned that Shri Puran Singh, the Senior Superintendent of Police, has now been transferred and Shri S. N. Mathur has ta...
..., a victim or his family members can be deprived of the right to receive interest. There is large body of authorities in which in appropriate cases, the Courts have constructed the expression “...that the word, “may” as used in the above referred provision of the Act is ought to the construed as “shall.” No situation we can conceive of, where once right ..., such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making ...
...apply.By adopting the rule of literal interpretation as regards the interpretation of statutes, the word ‘may’ figuring in Section 196-B to o..., Jammu to the extent that the accused-respondents herein have been discharged under Section 120-B, 121, 121-A & 122 of the Ranbir Penal Code (for short ‘RPC’) in FIR No. RC-03/2019/NIA/JMU...of the Unlawful Activities (Prevention) Act, yet the trial court at the stage of framing of charge failed to record any reason for not framing of charge under the aforem...
.... ACIT 45 ITD 262. The ld. counsel of the appellant has submitted that the Hon’ble ITAT has interpreted section 273, giving the meaning to section 275 to ...of penalty, discretion stands already exercised in favour of the appellant. We would like to discuss the second issue which requires the interpretation of the ...of such audit as required under section 44AB), the Assessing Officer, may direct that such person shall pay, by way of penalty, a sum equal to one half per cent of the total sale...
...)“… The word ‘include’ is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body ...suggest that word “includes” may have been designed to mean “means”. The setting, context and object of an enactment may provide sufficient guidance for interpretation of ...but going under different names.”17. It goes without saying that interpretation of a word or expression must depend on the text and the context. The resort...
...in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute; and when it is so used these words or phrases must be construed as comp...conditions as may be prescribed including conditions as to licences and licence fees, a dealer who deals in the goods specified in the Fourth Schedule shall be exempt from tax under this Act in respect ...to be tobacco only so long as they remain attached to the plant. They, however, ceased to be tobacco the moment they are removed from the plant. Thereafter, they may be considered ...
....74. Now so far as the reliance placed by the petitioners upon Section 13 of the Act is concerned, it is submitted that in Section 13 the word used is “...of fresh loans. If the word “may” be used as “shall”, the only consequence it may have is a mandate of law to grant relief in repayment of loan or grant ...Ministry will implement measures for prevention of spread and other ministries will have to do same in their respective spheres.77. Use of the word “may” and “...
...the word ‘may’ as ‘shall’. With respect, any such attempt by a Court would be plainly usurping the power of legislature in the guise of interpretation, which is impermis...hold one way or the other. At the highest the word ‘may’ had to be construed as ‘must’ or as compulsive and cannot be construed as ‘shall’ which would plainly amount to ...is impermissible. When so examined also, it is difficult to hold that the word ‘may’ should be read as ‘shall’.20. On an examination of the provisions of ...
...regarded as being optional and hence ought to not be enforced. This contention must merely be stated to be rejected, as being contrary to well established principles of interpretation of documents...arbitration if they so desire - runs contrary to the contention that the Courts in New Delhi shall have jurisdiction, to the exclusion even of arbitral tribunals. This ...which reads as under:“All or any disputes arising out of, or touching upon, or in relations to the terms of this agreement, including the interpretation and validity of ...
..., giving the meaning to section 275 to the extent that the impact of the interpretation will lead to holding the view that the Assessing Officer could ...interpretation of the word "may" prior to 10-9-1986, section 271B was incorporated as follows:"If any persons fails "without reasonable cause" to get his accounts audit...31st March, 1988. Such requests for the change of accounting year may be liberally allowed by the assessing authorities under the provisions of section 3(4), subject ...
...GOELs case that interpretation was given in respect of default in payment of rent and with regard to the contractual obligation between the parties and the tenant is bound to mak...information, the superior officer shall either investigate the case himself or direct to investigate by any police officer subordinate to him and the word may used in provision ...and brought to notice of this Court paragraph 17 wherein discussed with regard to the word used may shall be used as shall would depend upon the intention of ...
...GOELs case that interpretation was given in respect of default in payment of rent and with regard to the contractual obligation between the parties and the tenant is bound to mak...information, the superior officer shall either investigate the case himself or direct to investigate by any police officer subordinate to him and the word may used in provision ...and brought to notice of this Court paragraph 17 wherein discussed with regard to the word used may shall be used as shall would depend upon the intention of ...
...is meant for the benefit of those persons who are suffering and being exploited at the hands of others. Consequently according to well established principles of interpretation ...Magistrate to summon a panel of five persons in order to assist him in the due discharge of his duties as a Tribunal. However the word ‘may’ has been used in the sense ...that the legislators have used the word ‘may’ in the sense of ‘shall’ keeping in view the statute as a whole and with regard to its nature and object in that eventuality...
...between the Special Counsel and the private complainant, the Central Bank of India. We enquired of Mr. Surti as to what were the special circumstances in the instant case why ...within the definition of "Special Counsel" occurring in Rule 2(k) of the Rules. Mr. Surti contended that the word "may" occurring in Rule 38 must be read as "...any special circumstances which would compel us to read the word "may" as "shall" in this rule. In our opinion, all...
...carries out that object and purpose. The words of the concluding portion of Section 6(1) are plain and unambiguous rendering superfluous the aid of artificial guidelines to ...secondly, assuming that the words “this section” are wide enough to cover every sub-section of Section 6, the word “shall” ought to be read as “may”....treated as interchangeable. “Shall be liable to pay interest” does not mean “must be made liable to pay interest”, and “may not drive on the wrong side of the road” must mean “...
...Order I, Rule 8-A, C.P.C provides that the Court may hear a person but the word ‘may’ in the facts and circumstances and the purpose for which the rule...(3) it is necessary in the public interest to allow such person or body of persons to present his or its opinion on the question of law.12. Besides, the power of ...above mentioned appeal alongwith other connected matters so that the applicant may support the judgment of Hon'ble Single Judge impugned in this appeal holding that Muslims are not entitled to be...