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Home Dictionary Name: shall Page: 2Shall presume
Shall presume, denotes that the court would pre-sume in that event, no discretion has been left with the court and there is a legislative command to it to raise a presumption and regard such fact as proved unless and until it is disproved. In such an eventuality, the question of calling upon the parties to formally prove a document does not arise, Haradhan Mahatha v. Kuhju Mahatha, AIR 1993 Pat 129: (1993) 2 Pat LJR 28: (1993) 2 BLJ 289: (1993) BBCJ 355.Shall presume, these words i.e., 'shall presume' are being used in Indian judicial tore for over a century to convey that they lay down a rebuttable presumption in respect of matters with reference to which they are used, Sodhi Transport Co. v. State of U.P., AIR 1986 SC 1099: (1986) 2 SCC 486: (1986) 1 SCR 939....
Shall not register
Shall not register, negative words are clearly prohibitory and are 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 Nath Khetan, AIR 1977 SC 536 (538): (1977) 2 SCC 424: (1977) 2 SCR 190....
To whom possession of the land shall be given
To whom possession of the land shall be given, the words 'to whom possession of the land shall be given' contained the mandate under which the Collector derived powers of directing that the possession of the land was to be given by the tenant to the owner whose name was specified in the Collector's order. Once delivery of possession of the land to the person specified in the order made under sub- s. (1) of 7 had been effected the Collector stood discharged from all liability in respect of such delivery, Dasaudha Singh v. State of Haryana, AIR 1973 SC 710: (1973) 2 SCC 393: (1973) 2 SCR 1006....
This clause shall not apply
This clause shall not apply, the phrase 'this clause shall not apply' in second proviso to Art. 311(2) are the keywords in the second proviso and govern each and every clause thereof. This phrase leaves no scope for any kind of opportunity to be given to a Government servant. It takes away both the right to have an enquiry held in which the Government servant would be entitled 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) Supp 2 SCR 131...
Such prisoner shall be confined in a cell apart prisoners
Such prisoner shall be confined in a cell apart prisoners, the expression 'such prisoner shall be confined in a cell apart prisoners' has a restricted meaning. It must be given a rational meaning to effectuate the purpose behind the provision so as not to attract the vice of solitary confinement. S. 366(2) of the Cr.P.C. enables the Court to commit the convicted person who is awarded capital punishment to jail custody under a warrant. It is implicit in the warrant that the prisoner is neither awarded simple nor rigorous imprisonment. The purpose of the sub-s. (2) s. 366 is to make available the prisoner when the sentence is required to be executed. He is being kept in jail custody. After the sentence becomes executable he may be kept in a cell apart from other prisoners with a day and night watch. But even here, unless special circumstances exist, he must be within the sight and sound of other prisoners and be able to take food in their company, Sunil Batra v. Delhi Administration, AIR...
Shall vest in my wife with power of alienation
Shall vest in my wife with power of alienation, the expression 'shall vest in my wife with power of alienation' means the testator intended to confer an absolute and not limited interest in the property, Gopala Menon v. Sivaraman Nair, AIR 1979 SC 1345: (1981) 3 SCC 586....
No appeal shall lie
No appeal shall lie, 'no appeal shall lie' in the proviso to s. 30(1) of The Income-tax Act, 1922 is not that no memorandum of appeal can be presented. All that it means is that the appeal will not be held to be properly filed until the tax has been paid. The tax must be paid within the period of limitation although the appeal had been filed before that, Commissioner of Income-tax v. Filmistan Ltd., AIR 1961 SC 1134 (1135): (1961) 3 SCR 893. [Income Tax Act, 1922, s. 30 (1)] [s. 372, C.P.C.]...
Shall have regard to
Shall have regard to, the expression 'shall have regard to' had been subject to judicial inter-pretation in Ryots of Garabandho and Other Villages v. Zamindar of Parlakimedi, AIR 1943 PC 164: 210 IC 239: (1943) 2 MLJ 254. It only means 'take into consideration', Southern Pharmaceuticals and Chemi-cals v. State of Kerala, AIR 1981 SC 1863: (1981) 4 SCC 391: (1982) 1 SCR 519....
Shall have effect
Shall have effect, the words 'shall have effect' appearing in s. 6(4) of the Act means that the Motor Vehicles Act will continue as before subject to the amendments made by s. 6(4), Kumaon Motor Owners' Union Ltd. v. State of Uttar Pradesh, AIR 1986 SC 785 (790). [Defence of India Act, (51 of 1962), s. 6(4) and 43]...
Shall be deemed to be discharged
Shall be deemed to be discharged, the expression 'shall be deemed to be discharged' has to be read in the context of the declaration of a lock-out, and the intention of the company was that the employees whose employment had been refused during the period of lock out were to be permitted to resume work without any conditions if they reported for duty by a particular date and on fulfillment of a condition if they reported for duty after that date, Indian Iron and Steel Co. Ltd. v. Their Workmen, AIR 1958 SC 130: (1958) SCR 667....
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