Shall

Meaning and import.

Ordinarily the word "shall" is construed as couching a mandatory provision, but very often the words "shall" and "may" connote interchangeable concepts.

Interchangeability.

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.

Word "shall" used with reference to procedure for appointment or promotion, would signify that procedure prescribed in relevant rules had to be followed for appointment by promotion.

Word "shall" used with reference to procedure for appointment or promotion, would signify that procedure prescribed in relevant rules had to be followed for appointment by promotion.

Words "may" and "shall" are interchangeable.

Meaning.

"Shall" when appears in a statute "is used as a term of art to impose a duty to do what is prescribed, not a discretion to do it or not according to whether it is reasonably practicable to do it or to do something like it instead"

Test.

......Shall" and "may" are interchangeable depending on the nature of a particular provision in which the word has been used.

Word 'shall' as used in S.3 of Act VI of 1937??Meaning, scope and import of??Word "shall" in the context cf S.3 of the Act, would convey meaning of the word "may", thereby investing Court with discretion to order staying of proceedings before an arbitrator?Courts would always lean to interpretation of a provision of a statute which could preserve jurisdiction of the Court instead of its ouster.?? [Interpretation of statutes].

The words "may" and 'shall' are interchangeable, dependent on the context.

Sind Rented Premises Ordinance (XVII of 1979), S.5.

Words "may", "shall" and "must"-Connotation-Intent of Legislature-Held, guiding factor-Interpretation of statutes.

"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].

Word "shall" employed in statute Meaning.

Interpretation of statutes-Words "may" and "shall"-Interchangeable, depending on context to which they are used.

"Shall"-Whether directory or mandatory-Constitution of Pakistan, Arts. 63, 69 (2), 96 (1), 102 (2), 1,24, 190 and 191 (6)

Word "shall" directory (obiter).