Must Or Shall - Definition - Law Dictionary Home Dictionary Definition must-or-shall

Definition :

Must or shall, If the legislative intent is expressed clearly and strongly in imperative words, such as the use of 'must' instead of 'shall', that will itself be sufficient to hold the provision to be mandatory, and it will not be necessary to pursue the enquiry further. If the provision is couched in prohibitive or negative language, it can rarely be directory, the use of peremptory language in a negative form is per se indicative of the intent that the provision is to be mandatory, Lachmi Narain v. Union of India, AIR 1976 SC 714 (726): (1976) 2 SCC 953: (1976) 2 SCR 785.