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Shall

v. Shamlal Murari, (1976) 1 SCC 719. Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana

Must or shall

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

Shall not register

ordinarily used as a legislative device to make a statutory provision imperative. The words 'shall not register' are mandatory in character. The mandatory character is strengthened by the negative form of the language, Mannalal Khetan v. Kedar

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sentence

a parole board) life sentence : a sentence of imprisonment for the rest of the convicted defendant's life mandatory sentence : a sentence that is specifically required or falls within a range required by statute as punishment

Injunction

right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post. See Specific Relief Act, 1963 (47 of 1963), s. 37. Prior to the Judicature Act

presumption

the law does not allow to be rebutted called also irrebuttable presumption compare rebuttable presumption in this entry mandatory presumption : a presumption that a jury is required by law to make upon proof of a given

injunction

for contempt. affirmative injunction : an injunction requiring a positive act on the part of the defendant : mandatory injunction in this entry final injunction : permanent injunction in this entry interlocutory injunction : an injunction that

Jus cogens

Jus cogens, means compelling law. A mandatory norm of general international law from which no two or more nations may exempt themselves or release one

This clause shall not apply

to a charge-sheet as also the right to make a representation on the proposed penalty. The phrase is mandatory and not directory, Union of India v. Tulsiram Patel, AIR 1985 SC 1416: (1985) 3 SCC 398: (1985)

Termination of service

within the meaning of s. 2(oo) of the Industrial Disputes Act, 1947 if effected in violation of the mandatory provision contained in s. 25F, H.D. Singh v. Reserve Bank of India, AIR 1986 SC 132: (1985) Supp

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