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TMI BlogMeaning of word 'shall'X X X X Extracts X X X X X X X X Extracts X X X X ..... ctment, or consequences to flow from such construction would not so demand. Normally, the word `shall' prima facie ought to be considered mandatory but it is the function of the Court to ascertain the real intention of the legislature by a careful examination of the whole scope of the statute, the purpose it seeks to serve and the consequences that would flow from the construction to be placed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inction between mandatory and directory provisions is a well accepted norm of interpretation. The general rule of interpretation would require the word to be given its own meaning and the word `shall' would be read as `must' unless it was essential to read it as `may' to achieve the ends of legislative intent and understand the language of the provisions. It is difficult to lay down an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing from such construction. Where a statute imposes a public duty and proceeds to lay down the manner and timeframe within which the duty shall be performed, the injustice or inconvenience resulting from a rigid adherence to the statutory prescriptions may not be a relevant factor in holding such prescription to be only directory. For example, when dealing with the provisions relating to criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer which itself may be a relevant consideration while understanding the provision itself. Maxwell on The Interpretation of 'Statutes', 12th Edition by P. St. J. Langan and R. v. Bullock, [(1964)1 QB 481]), One school of thought has accepted that the word 'shall' raises a presumption that the particular provision is imperative, while the other school of thought believes that such p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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