May And Must - Law Dictionary Search Results
Home Dictionary Name: may and mustMay and must
May and must, The word 'may' implies what is optional, but for the reasons stated, it should in the context in which it appears, mean 'must'. There is an element of compulsion. It is a power coupled with a duty, State (Delhi Admn.) v. I.K. Nangia, AIR 1979 SC 1977 (1980): (1980) 1 SCC 258: (1980) 1 SCR 1016. [Prevention of Food Adulteration Act (37 of 1954), s. 17 (2) Expln.]...
Shall and may
Shall and may, 'shall' must normally be construed to mean 'shall' and not 'may', for the distinction between the two is fundamental, Govindlal Chagganlal Patel v. Agricultural Produce Market Committee, AIR 1976 SC 263: (1975) 2 SCC 482: (1976) 1 SCR 451....
May
May, Prima facie the word 'may' must be given its ordinary and natural meaning. Primarily it is permissive in its meaning and until the contrary is established the word 'may' in section 6 of the Criminal (Amendment) Act could be read to mean that 'It shall be lawful'. There is nothing in the provisions of the Act, which would compel a court to give to the word 'may' in section 6 of the Act a meaning other than its ordinary meaning and to interpret it as 'shall', State v. Surajdeo Sinha, 1953 BLJR 571: 1954 Cr LJ 139: 1954 Pat 80.The word 'may' does not always import that the matter is discretionary with the court in exercising its functions. Similarly, 'shall' sometimes imports that the matter is entirely discretionary with the court in exercise of its functions, State of Uttar Pradesh v. Jogendra Singh, 1963 SC 1613; State of Uttar Pradesh v. Manbodan Lal, 1957 SC 912; Kamar Singh v. Delhi Administration, 1965 SC 971; Banwari Lal v. State of Bihar, 1961 SC 849; Narayana Rao v. State o...
May and shall
May and shall, The word 'may' in s. 363 does not mean 'shall', and that the Magistrate has under that s. a discretion whether he should pass an order for demolition or not, Corporation of Calcutta v. Mulchand Agarwala, AIR 1956 SC 110: (1955) 2 SCR 995.(ii) The word may' is capable of meaning 'must' or 'shall' in the light of the context and that where a discretion is conferred upon a public authority coupled with an obligation, the word 'may' which denotes discretion should be construed to mean a command, Shri Rangaswami, the Textile Commissioner v. Sagar Textiole Mills (P) Ltd., AIR 1977 SC 1516: (1977) 2 SCC 578: (1977) 2 SCR 825.(iii) As observed in Craies On Statute Law, 7th edn., page 229, the expression 'may' and 'shall' have often been subject of constant and conflicting interpretation. 'May' is a permissive or enabling expression but there are cases in which for various reasons as soon as the person who is within the statute is entrusted with the power, it becomes his duty to ...
As soon as may be
As soon as may be, means 'as soon as practicable', Ashok Kumar v. Delhi Administration, AIR 1982 SC 1143. [National Security Act, (65 of 1980), ss. 3(2) and 8]--when the representation is made it is in the fitness of things that the said representation should be considered with the same sense of urgency with which the grounds are intended to be communicated to the detenu. That is the only way in which the purpose, for which the earliest communication of the grounds to the person concerned is provided, can be achieved. The representation must, therefore, be considered with due promptitude or expedition and without avoidable delay in other words with reasonable dispatch, Durga Pada Ghosh v. State of West Bengal, (1972) 2 SCC 656: AIR 1972 SC 2420 (2426). [Constitution of India, Art. 22(5)]As soon as may be, indicate a positive action on the part of the detaining authority in supplying the grounds of detention, Sophia Gulam Mohd. Bham v. State of Maharashtra, (1999) 6 SCC 593....
May make such enquiry and pass such order thereon
May make such enquiry and pass such order thereon, The expression 'may make such enquiry and pass such order thereon' does not confer any absolute discretion on the Commissioner. In exercise of the power the Commissioner must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party, and decide the dispute according to procedure consistent with the principles of natural justice: he cannot permit his judgment to be influenced by matters not disclosed to the assessee, nor by dictation of another authority, Sirpur Paper Mills Ltd. v. Commissioner of Wealth Tax, AIR 1970 SC 1520: (1970) 1 SCC 795: (1971) 1 SCR 304...
May presume and shall presume
May presume and shall presume, The expressions 'may presume' and 'shall presume' are defined in s. 4 of the Evidence Act. The presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under the latter as 'legal presumptions' or 'compulsory presumptions'. When the expression 'shall be presumed' is employed in s. 20(1) of the Act it must have the same import of compulsion, M. Narsinga Rao v. State of A.P., AIR 2001 SC 318 (321): (2001) 1 SCC 691 [Indian Evidence Act, 1872, s. 4]...
Inquiries
Inquiries. Under the Tribunals of Inquiry (Evidence) Act, 1921 (11 Geo. 5, c. 7), upon resolution by both Houses of Parliament, His Majesty or a Secretary of State may appoint a tribunal with all the powers of the High Court, or in Scotland the Court of Session, to inquire into a definite matter of urgent public importance under various statutes. Departmental inquiries may or must in certain circumstances be instituted, e.g., inquiries under the Factory, Local Government, Merchant Shipping (Wreck Inquiries), Housing, Town and Country Planning, Road Traffic and other Acts.The term 'inquiries', as used in Item 94 of List I and Item 45 of List III, without any limitations upon their nature or specification of their character or objects, is wide enough to embrace every kind of inquiry, State of Karnataka v. Union of India, AIR 1978 SC 68: (1978) 2 SCR 1: (1977) 4 SCC 608....
Must
To be obliged to be necessitated expressing either physical or moral necessity as a man must eat for nourishment we must submit to the laws...
Must or shall
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....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial