INTERPRETATION OF MANDATORY AND DIRECTORY PROVISIONS|WITH CASE LAW|KINDS OF STATUTES|IN TAMIL скачать в хорошем качестве

INTERPRETATION OF MANDATORY AND DIRECTORY PROVISIONS|WITH CASE LAW|KINDS OF STATUTES|IN TAMIL

INTERPRETATION OF MANDATORY AND DIRECTORY PROVISIONS|WITH CASE LAW|KINDS OF STATUTES. #caselaw #trendingshorts #interpretationofstatutes #lecturesonline #bnss #ballb #civiljudgeexam #llb #constitution #clatclassesonline #clatexam #netexam #lawexams #mandatory #directory LLM Entrance Exams Preparation - CLAT PG, DU LLM, AILET, BHU CET Mandatory Provision 1 . A mandatory provision refers to a rule, regulation or law that must be followed strictly without any deviation or discretion 2. If a provision is classified as mandatory, it must be strictly followed without any deviation or discretion. Failure to comply with a mandatory provision may result in severe consequences, such as the nullification of an act or order. Directory Provision A directory provision refers to a rule or regulation that is intended to guide the performance of a duty but does not impose a strict requirement that must be followed. Failure to comply with a directory provision does not necessarily result in the nullification of an act or order. PRINCIPLES OF INTERPRETATION: 1. LANGUAGE: The intention of the legislature is expressed by the use of expressions like may, shall and must etc. CASE : STATE OF H.P V M.P GUPTA Section 197 of Crpc no court shall take cognizance of offense when committed by public servant, judge or member of armed force Here word shall is mandatory USE OF WORD MAY : Keshav Chandra Joshi v. Union of India • Rule 27 of the Uttar Pradesh Forest Service Rules, 1952 • the Governor is satisfied that the operation of any rule regarding conditions of service of the members caused undue hardship in a particular case, he 'may' consult the Public Service Commission. • The word 'may' has been used in the context of discharge of statutory duty. The Governor is obligated to consult the Public Service Commission. Therefore, the word 'may' must be construed as to mean 'shall' and it is mandatory 8 Jyoti Prasad Mitter v. The Chief Justice • The interpretation of Article 217 (3) of f the Constitution was in question. The provision says: 'If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final • It was held by the Supreme Court that consultation with the Chief Justice of India was a mandatory When shall taken as may ?? State of Uttar Pradesh v. Om Prakash i • Article 166 of the Constitution requires under clause 1 that all executive action in the form of an order or instrument are to be taken in the name of the Governor and under clause 2 that these shall also be authenticated in the manner prescribed under the rules framed by the Governor. The Article is only directory and its substantial compliance is sufficient. Rules of INTERPRETATION,subsidiary rule