Mandatory vs directory interpretation: 'shall' is presumptively mandatory but context and consequences can dictate a directory reading. The word shall is presumptively mandatory but that presumption is rebuttable: courts must determine legislative intent from the provision's context, object, design and the consequences of a mandatory construction; procedural formalities essential to validity will be mandatory, whereas requirements causing serious public inconvenience without furthering the statute's object may be treated as directory.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Mandatory vs directory interpretation: 'shall' is presumptively mandatory but context and consequences can dictate a directory reading.
The word shall is presumptively mandatory but that presumption is rebuttable: courts must determine legislative intent from the provision's context, object, design and the consequences of a mandatory construction; procedural formalities essential to validity will be mandatory, whereas requirements causing serious public inconvenience without furthering the statute's object may be treated as directory.
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