https://www.taxtmi.com/caselaws?id=364709 Section 34(5) and 34(6) of the Arbitration and Conciliation Act, 1996 were analysed as procedural requirements governing prior notice, affidavit of compliance, and expeditious disposal of an application to set aside an arbitral award. Applying settled principles of statutory interpretation, the text notes that a provision is not mandatory merely because it uses "shall"; legislative intent, statutory purpose, and the effect of either construction are decisive. Because these sub-sections contain no express consequence for non-compliance and are intended to facilitate procedure rather than control the substantive challenge, they are treated as directory. The omission of prior notice therefore does not, by itself, defeat maintainability. en-us Thu, 12 Jul 2018 00:00:00 +0530 Fri, 03 Aug 2018 08:33:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=364709 Section 34(5) and 34(6) of the Arbitration and Conciliation Act, 1996 were analysed as procedural requirements governing prior notice, affidavit of compliance, and expeditious disposal of an application to set aside an arbitral award. Applying settled principles of statutory interpretation, the text notes that a provision is not mandatory merely because it uses "shall"; legislative intent, statutory purpose, and the effect of either construction are decisive. Because these sub-sections contain no express consequence for non-compliance and are intended to facilitate procedure rather than control the substantive challenge, they are treated as directory. The omission of prior notice therefore does not, by itself, defeat maintainability. Case-Laws Indian Laws Thu, 12 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=364709