Mandatory provision

Whenever intent of a statute is mandatory, it is clothed with a negative command.

Whenever intent of a statute is mandatory, it is clothed with a negative command.

Section 6 of the Punjab Partition of Immovable Property Act, 2012, provides a period of 30 days to a defendant for filing the written statement which starts from the date of first appearance of defendant before the Court

Under subsection (2) of S. 6, penalty has been provided if the written statement is not filed within the stipulated time and in case of such default, the Court "shall" strike off the defence of the defendant as a consequence of which he shall also not be allowed to lead his evidence.

Use of word "shall" in S. 6 gives a clear indication that the provision is mandatory in nature and has to be adhered to by the courts in letter and spirit and no exception can be created.

Provision of any law can only be termed as mandatory when on account of its non-compliance some penal consequences are also provided

In absence of any penal consequences generally such provision can be treated as directory.

When a statute would create rights/ obligation and prescribed the mode of its enjoyment of enforcement, such provision was considered mandatory and that the Legislature intended compliance of such provision to be essential to the validity of the act/proceedings.

Rule 6 of Control of Narcotic Substances (Government Analysts) Rules, 2001, is mandatory, its non-observance shall invalidate the result.

When a provision of law is couched with penal consequences, then such a provision is considered as mandatory.

Unless some consequences of non-compliance of the provision were provided in the statute, the same could not be termed as mandatory despite use of word "shall" in the same

Even the words "may" and "shall" were also interchangeable.

No document i.e postal receipt and courier service receipt had been produced to substantiate that petitioner had sent copy of election petition to all the contesting candidates before filing petition

Requirement of law having not been fulfilled, election petition was rightly dismissed in circumstances.

Mandatory provisions of a statute are required to be complied strictly and no deviation of whatsoever nature is acceptable unless otherwise required by law

Compliance of mandatory provision of law is more important than wisdom of individual which negates such compliance.