Must
Must legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
As a general rule word "may" gave impression of its being enabling directory or discretionary power, while words "shall" and "must" gave impression of their being imperative, obligatory and mandatory but same were not tied up with hard and fast rule of being discretionary or imperative
Said words could be used interchangeably
Circumstances and fact of each case would determine interchangeability or convertability of words "may" for "shall" or "must" and vice versa
With change in circumstances, meanings and force of law also changed
Word "shall" under some circumstances, could not be treated and read as of mandatory connotation while same word from same law could be treated as of mandatory nature, if circumstances changed and requirement of time so warranted
Courts had to keep in view circumstances of each case while interpreting a word used in a legal instrument
Courts had not to be oblivious of ground realities.
S. 12 (a), (b) - Words "may" and "shall" used in cl. (a) & (b) of S. 12-Connotation-Held, punishing authority is empowered either to impose a fine without any limit and award sentence of imprisonment or in lieu of imposition of fine award sentence of imprisonment.-[Sentence].
"May", "must", "shall"-Interpretation-"May" in ordinary usage permissive and "must" imperative-Words "may" and "shall"-Interchangeable in legal phraseology depending on context in which used and not to be interpreted with rigidity attributed to them in ordinary parlance.-[Interpretation of statutes].
"Must", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/14217
Precedents & Case Laws citing "Must"
2013 P L C (C
Prof. Engineer NAIB HUSSAIN Versus Engineer Prof. Dr. MUHAMMAD RIAZ MUGHAL and 12 others
Court: Supreme Court (AJ&K)P L D 2021 Lahore 802
Miss SHAKEELA RANA ADVOCATE — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents
Court: High Court1971 P L C 250 [C
SARWAR HAYAT KHAN Versus COMMISSIONER, SARGODHA DIVISION, SARGODHA AHD 16 OTHERS
Court: 1971 P L C 250 C.S.T.1968 P Cr
NEKI MIAH FAKIR alias MUHAMMAD NEKI MIAH FAKIR‑Petitioner Versus THE STATE‑Opposite‑party
Court: Dacca2026 P Cr
Qasim Bin Masood and 2 others — Petitioners Versus Federal Investigation Agency through its Director General FIA, Islamabad and another — Respondents
Court: IslamabadP L D 2020 Supreme Court 334
MUHAMMAD BASHIR — Petitioner Versus RUKHSAR and others — Respondents
Court: High Court2020 P Cr
MUNAWAR HUSSAIN and another — Appellants Versus The STATE — Respondent
Court: Lahore (Multan Bench)2010 M L D 1311
RABNAWAZ KHAN and another — Petitioners Versus Mst. WAZIRAN MAI and 3 others — Respondents
Court: Peshawar2025 M L D 707
Miss Shabnam Riaz — Applicant Versus Naila Karim and another — Respondents
Court: Lahore2021 P L C (C
The CHANCELLOR, MIRPUR UNIVERSITY OF SCIENCE AND TECHNOLOGY/PRESIDENT AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, through Secretary Presidential Affairs, President House, Muzaffarabad and others Versus Dr. IQRAR AHMED KHAN and others
Court: Supreme Court (AJ&K)