Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Interpretation of a provision

Tuesday, July 30, 2013
Interpretation of a provision

Interpretation of a provision — Cases may arise where a provision is mandatory despite the use of language that makes it discretionary.

 
Monday, May 31, 2010
Interpretation of a provision

Interpretation of a provision — Whether mandatory or directory in nature — Held, in order to declare a provision mandatory, the test to be applied is as to whether non-compliance of the provision could render entire proceedings invalid or not — Whether the provision is mandatory or directory, depends upon the intent of Legislature and not upon the language for which the intent is clothed — The issue is to be examined having regard to the context, subject matter and object of the statutory provisions in question — The Court may find out as what would be the consequence which would flow from construing it in one way or the other and as to whether the Statute provides for a contingency of the non-compliance of the provisions and as to whether the non-compliance is visited by small penalty or serious consequence would flow therefrom and as to whether a particular interpretation would defeat or frustrate the legislation and if the provision is mandatory, the act done in breach thereof will be invalid.

 
Wednesday, February 10, 2010
Interpretation of a provision

Interpretation of a provision — Where the language is extremely general and not clear, the contextual background has to be taken into consideration for arriving at clear interpretation.

 
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