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Scope of the term "May" - Use of the word ‘may’ over the years ...


Courts Shouldn't Equate "May" with "Shall" Unless Necessary to Avoid Absurd Outcomes; Context is Key in Interpretation.

July 14, 2022

Case Laws     SEBI     SC

Scope of the term "May" - Use of the word ‘may’ over the years is normally construed as permissive and not imperative. The words ‘may’ or ‘shall’ by their very etymological foundation denote discretion and mandatory nature of an act respectively. This Court has, therefore, held that the courts should not readily interpret the word ‘may’ as ‘shall’ unless such interpretation is necessary to avoid absurdity, inconvenient consequences or as mandated by the intent of the legislature which is gathered from the other parts of the statute. - SC

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