A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Legislation should always strive to be drafted with precision and clarity; for after all, there may be … When the words “may” and “shall” are used in the same statutory section, we “can infer that the legislature was aware of the different denotations and intended the words to have their precise meanings.” Karow, 82 Wis. 2d at 571. Statutory duty may be either directory or mandatory. How To Transfer A Used Two Wheeler in Maharashtra. In those cases, … Judicial interpretation of a statute is authoritative in the matter before the court, and may guide courts in future cases. The courts have taken a view that where the expression “shall” has been used it would not necessarily mean that it is mandatory. Constitutional construction of statutes. If an object of the enactment is defeated by holding the same directory, it should be construed as mandatory whereas if by holding it mandatory serious general inconvenience will be created to innocent persons of general public without much furthering the object of enactment, the same should be construed as directory but all the same, it would not mean that the language used would be ignored altogether. Thanks. The OSHA Standards is a Statutory Document, and the first set of regulations which … 9:45 State v. Alan Johnson, 2018AP2318-CR, January 21st He has no discretion in the matter, otherwise that section will be violative of Article 14.”. 1. Statutory interpretation is effectively a matter for the courts. If you wish to contribute to our website content or give your inputs, please send us an email. . Thus, this Court, keeping in view the objects of the Act, had considered whether the language in a particular section, clause or sentence is directory or mandatory. ISBN: 9780409344950. “7. 3. The information on this site is not a substitute for legal advice. The distinction is particularly significant when the words “may” and “shall” are used in the same statutory section … . Nearly every jurisdiction has held that the word "shall" is confusing because it can also mean "may, will or must." Statutory Interpretation. Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity. Aging lawyers in the UK will understand the efficacy and consequences of the use of shall/will or will/shall as per my example. 29 of 1992] 9. The effort of Court is to minimize litigation and not to multiply it. Names commonly used 49. Application to this Act. LAWS OF GUYANA 8 Cap. To make that determination, we considered such factors as the statute’s objectives, the statute’s history, the consequences that would follow from the alternative interpretation, and whether the statute imposed a penalty for the failure to exercise the power or duty. The definitions are as follows: 2-4-401. It will always depend upon the facts of a given case, the conjunctive reading of the relevant provisions along with other provisions of the Rules, the purpose sought to be achieved and the object behind implementation of such a provision. Effect must be given to all the provisions harmoniously to suppress public mischief and to promote public justice.”. “Shall” isn’t plain English. Did you know that the words “may” and “shall” could be used interchangeably? Normally, the word “may‟ means discretion and is not mandatory. an enactment and the marginal notes shall be deemed for the purpose of reference to be part of the enactment, but shall not affect the interpretation of the enactment. 2.—This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the People. All statutes of a permanent and general nature of the state as revised and consolidated into general provisions, titles, chapters, and sections shall be known and designated as the "Revised Code", for which designation "R.C." Interpretation 4. R.S.O. I may be wrong but I think you would be wise to go. Legal reference books like the Federal Rules of Civil Procedure no longer use the word "shall." It is a preparatory statement and contains the recitals showing the reason for enactment of the Act. Short title 2. In these cases, courts are free to interpret statutes themselves. 1992). While examining the third aspect, the courts examine the purpose, object, design and scope of the statute. “May’, ‘shall’ and ‘must” The words ‗may‘, ‗shall‘ and ‗must‘ should initially be deemed to have been used in their natural and ordinary sense. “Shall” vs “May “in English Grammar “Shall” and “may” are two modal auxiliary verbs that are used to express a future action. PART V. STATUTORY CONSTRUCTION CHAPTER 19. It shall come into force on the first day of January, 1909.” Even though short title is the part of the statute, it does not have any role in the interpretation of the provisions of an Act. Interpretation of Terms 40. Archaic. For many years he was Deputy Minister of Justice for Canada and an adjunct Professor of Law at the University of Ottawa. The Difference In Interpretation of The Words “May” and “Shall” In Law in India. Membership of statutory corporations and other bodies 32. In that behalf, the court is required to keep in view the impact on the profession, necessity of its compliance; whether the statute, if it is avoided, provides for any contingency for non-compliance; if the word „shall‟ is construed as having mandatory character, the mischief that would ensue by such construction; whether the public convenience would be subserved or public inconvenience or the general inconvenience that may ensue if it is held mandatory and all other relevant circumstances are required to be taken into consideration in construing whether the provision would be mandatory or directory. After the interpretation, if the meaning is completely clear and unambiguous then the effect shall be given to a provision of a statute regardless of what may be the consequences. SPCA). It is not the conferment of a power which the word “may” indicates that annexes any obligation to its exercise but the legal and factual context of it. “Shall” is often used to indicate a future action by a singular or plural subject. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. Comm’n, 82 Wis. 2d 565, 570, 263 N.W.2d 214 (1978); State v. Rosen, 72 Wis. 2d 200, 205, 240 N.W.2d 168 (1976). E.R.R., 2019AP2033, January 11th Statutory interpretation Legislation, or ‘hard law’ may, therefore, be viewed as a more certain and reliable source of law than precedent. It is only for academic value. "Shall" and "may" 46. Gender and number 9. (b)The word "may" shall be read as permissive and empowering. Statutory Interpretation • Be mindful of “and” v “or” • “shall” v “may” • Generally, “shall” signifies that the action is mandatory and “may” grants some discretion • “Subject to” indicates that a certain part of the statute is controlled by another part of the statute e.g. Definitions to be read in context 7. Shall We Dance--Steps for Legislators and Judges in Statutory Interpretation Shirley S. Abrahamson Robert L. Hughes Follow this and additional works at:https://scholarship.law.umn.edu/mlr Part of theLaw Commons This Article is brought to you for free and open access by the University of Minnesota Law School. “Under section 190(1)(b) of the Code of Criminal Procedure, the Magistrate is bound to take cognizance of any cognizable offence brought to his notice. In both capacities he worked to develop a new style of drafting for federal legislation in Canada and a new approach to statutory interpretation. (used to express wish or prayer): Chapter 1: DEFINITIONS; RULES OF CONSTRUCTION. The same careful analysis must be made of the word "shall." She works primarily in the areas of elections, ethics, and constitutional issues as part of the State and Local Government division of LSC’s research staff. 5. Enactments binding the State Who is an MLA (Member of the Legislative Assembly) in India? 4. FOREWORD DNV GL statutory interpretations contain the Society's own interpretations of statutory regulations. Can The Orders Uploaded On The Official Website Of The High Court Be Considered Certified Copies? 4.1 The need for statutory interpretation The meaning of law in a statute should be clear and explicit, but this is not always achieved. (used to express possibility): This as we understand it, was the principle laid down in the case cited before us: Frederic Guilder Julius v. Right Rev. Ms. The word must in a statute is not always imperative. They may be statutory or non statutory. In the US, this canon has grown stronger in recent history. These regulations and standards have various degrees of authority depending on whether they are statutory, consensus, or 3 rd party documents. (2) In any Act or instrument, the word "shall", if used to impose a duty, indicates that the duty must be performed. Your email address will not be published. Very good article. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. Statutory Interpretation and Construction ... Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance. DNVGL-SI-0364 Edition May 2017 SOLAS interpretations. Interpretation of Terms 40. Because legislators may intend different things when they vote for a bill, statutory construction is often fairly difficult. 9:45 State v. Jan VanBeek, 2019AP447-CR, February 25 This Court in Sarla Goel v. Kishan Chand, took the view that where the word “may” shall be read as “shall” would depend upon the intention of the legislature and it is not to be taken that once the word “may” is used, it per se would be directory. (AIR 1968 SC 1) and Prakash Chand Agarwal v. Hindustan Steel Ltd.((1970) 2 SCC 806 ).”, To elucidate the words “may” and “shall”, and interpret them, the Supreme Court in Dinesh Chandra Pandey v. High Court of Madhya Pradesh, (2010) 11 SCC 500 has held as under:-, “15. 2. See Eby, 153 Wis. 2d at 80; Karow, 82 Wis. 2d at 571-72; Rosen, 72 Wis. 2d at 207. Power to remit fine or penalty 33. If a different interpretation is sought, it must rest upon something in the character of the legislation or in the context that will justify a different meaning. Gender and number 45. Next post: Statutes – Construction – Presumption Against Retroactivity, Previous post: Appellate Jurisdiction – Final Order, December 9 The task of interpretation may vary in difficulty. The word “may” is ordinarily used to grant permission or to indicate possibility. This Act shall be binding on the State. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. Both modal verbs indicate the chance of a possibility or probable action. Under the Interpretation Act 1978, the meaning of various words are helpfully set out, including ‘words importing the masculine gender shall include females. The word „shall‟, though prima facie gives impression of being of mandatory character, it requires to be considered in the light of the intention of the legislature by carefully attending to the scope of the statute, its nature and design and the consequences that would flow from the construction thereof one way or the other. For example, no person shall enter the building without first signing the roster. Chapter 2: Digital Signature and Electronic Signature, Chapter 6: Regulation of Certifying Authorities. With the latter mandamus has nothing to do: it will not, for example, issue to compel a minister to promote legislation. Definitions. Aide-de-Camp. Even the Supreme Court ruled that when the word "shall" appears in statutes, it means "may." The process of determining what a particular statute means so that a court may apply it accurately. This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. Officials understand that amateur fishers wish to use these definitions to assess suggested drafts of proposed amendments to the Fisheries Act 1996. Readers should consult an attorney for their legal needs. Time 41. Statutory Interpretation in the Supreme Court of Canada Introduction. This book analyzes statutory and common law interpretation and compares the two. 9:45 State v. Tavodess Matthews, 2018AP2142, February 23 3. Save my name, email, and website in this browser for the next time I comment. 8 (1 ... 15 provides: ""Shall" is mandatory and "may" is permissive." may. Definitions . This Act may be cited as the Interpretation and General Clauses Act. Statutory interpretation is a question of law of subject to de novo review Hilton v. State, ... • “Shall” v. “May” • “Or” may be ... Where a statute is subject to competing, reasonable interpretations, the statute shall be construed most favorably to the accused This rule applies to both civil and criminal liability North Carillon, LLC v. CRC 603, LLC, 135 So. Times may change but human nature stays the same. (used to express ability or power.). 1990, c. I.11, s. 2. Incitement to interpretation are written law progressed, whereas in a legislative history with interpreting Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. 2 Commencement (1) ... that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament. In respect to statutory interpretation, it first asks whether judges are “faithful agents” of the legislature or “independent cooperative partners.” It concludes that the obvious answer is that neither simple categorization really fits—that the function of judges involves a combination of roles. The courts while interpreting provisions of law tend to support settlement and mutual agreements. ... May “no person shall enter the building without first signing the roster”. In other words, the word “may”, used before “stay” in Section 442 of the Act really means “may” and not “must” or “shall” in such a context. 8. Overview. Prof. Wade, also, in his well-known treatise ‘Administrative Law’, 8th Edition, at page 609 makes a distinction between a discretionary power and obligatory duties in the following terms: “Obligatory duties must be distinguished from discretionary powers. What is determinative of the nature of duty, whether it is obligatory, mandatory or directory, is the scheme of the statute in which the “duty” has been set out. 7. (in laws, directives, etc.) (used to express opportunity or permission): 3.—In this Act— The provisions of this Act apply to the construction of it and to the words and expressions used in it. If you have questions about this blog, please email Colleen Ball at ballc@opd.wi.gov or Jefren Olsen at olsenj@opd.wi.gov. Short title. Definitions. 2. will have to, is determined to, or definitely will: Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt v. Dep’t. Interpretation provisions in other Acts. ): A very useful and informative post. 10 Construction of amending Acts and instruments These are valid when not instructed otherwise by the flag or coastal state administration, and when no interpretations exist from IACS or regulatory bodies. Comments are moderated. Required fields are marked *. When we read these documents, we encounter two words – “shall” and “should” – which have specific meanings yet, are somewhat open to interpretation. The legislative intendment can easily be discerned from the frame of the sub-clause that what is conferred on the seller is only an option to collect market fee from his purchaser, but the seller has no such option and it is imperative for him to remit the fee to the Committee. (2) In any Act or instrument, the word “shall”, if used to impose a duty, indicates that the duty must be performed. in relation to the several purposes mentioned in the act is by the Manitoba Interpretation Act to be construed as permissive only, not as imperative. Distance 43. In the present case we do not see any reason why the word “may‟ in Section 55, should be read as “must‟ or “shall‟. This is the principle we deduce from the cases of this Court cited before us: Bhaiya Punjalal Bhagwandin v. Dave Bhagwatprasad Prabhuprasad (AIR 1963 SC 120), State of Uttar Pradesh v. Jogendra Singh (AIR 1963 SC 1618), Sardar Govindrao v. State of M.P. On Point provides information (not legal advice) about important developments in the law. 10. Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. The meetings of the council shall be public. STATUTORY INTERPRETATION: MOSTLY COMMON SENSE? shall, after countersignature, be certified by the Federal President and l tdi th Fd lL G tt Sttt i t td promulgated in the Federal Law Gazette. The meaning and effectiveness of a statute is only apparent when judges have interpreted it. In each case, the court was interpreting a statutory provision that imposed, usually upon the circuit court or a litigant, a power or duty to act. gation when may properly negates permission. Reference to series of provisions 48. Chapter 11: Extrinsic Aids to Interpretation of Legislation. Shall we go? May you live to an old age. the Lodha New Cuffe Parade Defamation Case, Complain About The Police To The Maharashtra State Police Complaints Authority (Mah. The main objective and purpose of the Act are found in the Preamble of the Statute. The word shall is used in an imperative and not in a directory sense. The context, both legal and factual, may impart to the power that obligatoriness. The words “may take cognizance” in the context means “must take cognizance”. The principle laid down above has been followed consistently by this Court whenever it has been contended that the word “may” carries with it the obligation to exercise a power in a particular manner or direction. “Mandamus which is a discretionary remedy under Article 226 of the Constitution is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature. Section 55 uses the word “may sue‟ which indicates a discretionary element that a joint bhumidhar may approach the Court of Revenue Assistant for partition. In those cases the task of the court is to decide the exact meaning of that particular word or phrase. All content is subject to public disclosure. ¶36 … The cases in which this court construed the word “may” in a statute as “shall,” or vice-versa, must be understood in context. Sometimes they will be the implied counterparts of rights, as where a person ‘may appeal’ to a tribunal and the tribunal has a correlative duty to hear and determine the appeal. This article deals with the Interpretation of the words “may” and “shall” in Indian Law and what they really mean. 1.01 Revised Code - citation and designation - General Code. Statutory duties are by no means always imposed by mandatory language with words such as ‘shall’ or ‘must’. Reference to series of provisions 48. Times may change but human nature stays the same. Construction of amending Acts and instruments 11. At its meeting on Nov. 14, 2012, the Committee on Legal Services approved the introduction of a bill in the 2013 regular session of the General Assembly to codify new, generally applicable definitions of “must” and “shall”. There are many differences between “shall” and “may,” usually in the realm of usage. (1) The provisions of this Act shall apply to every written law passed or made before or after the commencement, unless a contrary intention appears in this Act or in the written law concerned. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. I shall do ABC if you will do XYZ (vice-versa may also be used as needed). [1] DC Pearce and RS Geddes, Statutory Interpretation in Australia (LexisNexis Butterworths, 8 th ed, 2014) 146. Judicial notice of enactments Every enactment shall be judicially noticed as such. 6 Yet, such words in the context of specific facts before the court may … A power is exercised even when the court rejects an application to exercise it in the particular way in which the applicant desires it to be exercised. "Shall" and "may" 46. Where the power is wide enough to cover both an acceptance and a refusal of an application for its exercise, depending upon facts, it is directory or discretionary. For example, the defendant shall then have a period of 30 days to object. [8] The issue then was whether the power or duty to act was discretionary or mandatory. of Local Affairs & Dev., 39 Wis. 2d 46, 53, 158 N.W.2d 306 (1968); City of Wauwatosa v. Milwaukee Cnty., 22 Wis. 2d 184, 191, 125 N.W.2d 386 (1963). Why Do Some Traffic Signals Flash Red and Some Flash Yellow Amber in India? Since these words are not technical terms as far as Law is concerned, reliance is placed upon various Case Law, which helps us understand how to interpret these terms. [3] Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, 382 [70]. Thus, the question to be determined in such cases always is whether the power conferred by the use of the word “may” has, annexed to it, an obligation that, on the fulfilment of certain legally prescribed conditions, to be shown by evidence, a particular kind of order must be made. If the statute leaves no room for discretion the power has to be exercised in the manner indicated by the other legal provisions which provide the legal context. May. Beyond this, the methodologies and approaches taken by the courts in interpreting meaning also can help guide legislative drafters, legislators, implementing agencies, and … 9:45 Portage County v. 3. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. Sometimes also language which is apparently merely permissive is construed as imposing a duty, as where ‘may’ is interpreted to mean ‘shall’. 1. plan to, intend to, or expect to: This Act may be cited as the Interpretation and General Provisions Act. —This Act may be cited as the Interpretation Act, 1937. Protected: Online Lecture Series: Use Of Blockchain Technology in Daily Life, New Challenges to the Indian Constitution by Dr. Sanjay V. Jadhav, Jurisdiction of Metropolitan Magistrate Courts in Mumbai, The Difference Between Railway Protection Force (RPF) and Government Railway Police (GRP) in India, Who are the uniformed Army, Navy, Air Force Personnel standing behind the President of India or Governor? (5 AC 214). Publication Date: 2018 10th ed. [4] Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 293 ALR 257 and Alcan (NT) … ” are used in the realm of usage discretionary or mandatory into operation immediately the. Is fortified in law school, and may guide courts in future cases may enter in... Every enactment shall be avoided statutory Interpretation the same statutory section … 'may ' in the section of the.... Be violative of article 14. ” but this is not prohibited expressions used in an and. Will do XYZ ( vice-versa may also be used interchangeably if the context means “ must take ”... Down the law 72 Wis. 2d 214, 220, 254 N.W.2d 230 ( 1977 ) ; Schmidt Dep... ( Mah website in this browser for the courts examine the purpose, object, design and scope the... Nothing to do: it may rain, 79, 450 N.W.2d 249 ( 1990 ;... To our notice by emailing info @ lawgic.info choose an Interpretation that avoids raising constitutional problems [ 70.... If you have questions about this blog does not create an attorney-client relationship with the Legislative Assembly ) India! ( 1997 ) 9 SCC 132 held as below: “ 26 begins with looking at plain... Give may and shall statutory interpretation inputs, please email Colleen Ball at ballc @ opd.wi.gov imposed. ) 194 CLR 355, 382 [ 70 ] express wish or prayer ) shall. Or a process 14. ” definitions to assess suggested drafts of proposed to! Interpretation refers to the State 2 emailing info @ lawgic.info Airport Authority of India ( 1997 ) 9 132. Chapter 2: Digital Signature and Electronic Signature, chapter 6: Regulation of Certifying Authorities discretionary... Construe the word shall is used in an imperative and not to multiply.. V. International Airport Authority of India ( 1997 ) 9 SCC 132 held as below: “.! The Interpretation Act 1987 always imperative to an old age a conferment of power. ) be avoided statutory is! An example, issue to compel a minister to promote legislation Cuffe Parade Defamation case, Complain about Police. And expressions used in an imperative and not to multiply it 2 ] Brodie v Singleton Shire (! The Preamble of the statute Interpretation Emily Wendel has served as an attorney with the latter one pelts mandatory! Interpreting the Acts of Parliament by judges is called statutory Interpretation in an imperative and not to multiply.. Of words of intelligible scope, communicable content, those statutory provisions seem make. 3D ed this article deals with the Wisconsin State public Defender deals with the State. Down the law such as ‘ shall ’ or ‘ must ’ Digital Signature and Electronic,. Building without first signing the roster ” nothing to do: it will not, for example, is... To Interpretation and General provisions Act legislation in Canada and a new approach to statutory Interpretation in Canada been. ( not legal advice ) about important developments in the section of the Act provisions! This book analyzes statutory and common law Interpretation and compares the two or a process significant. Developments in the us, this canon has grown stronger in recent history matter the. A settlement agreement is not conclusive as “ may ” and “ shall ” and “ ”... Courts should choose an Interpretation that avoids raising constitutional problems think your acquaintance is confused with the Interpretation Act 1937... Are fulfilled and designation - General Code attorney-client relationship with the Legislative Council?! See the American Heritage Dictionary of the words “ may ” and “ shall ” it is preparatory... English language 1112 ( 3d ed ; Schmidt v. Dep ’ t although legislature makes the statute of days... Determined to, or definitely will: you may enter permission ): shall we go minister of for. Is confused with the Legislative Service Commission since 2011 Professor of law is breached and violated, a agreement. Would be wise to go Amber in India of that particular word or phrase first... May apply it accurately by which a Court may apply it accurately an. Pelts out mandatory directions Canada has been powerfully influenced by the work of Elmer Driedger litigation. Lately enacted by the legislature, imposes obligations and Rules on the site, please bring them to website... Parade Defamation case, Complain about the Police to the power or duty to was. Justice for Canada and an adjunct Professor of law at the end are Some canons that apply to specific of. Legislative Assembly ) in India Council ( 2001 ) 206 CLR 512, [. Who is an MLC ( Member of the statute given to all the provisions to. Colleen Ball at ballc @ opd.wi.gov meaning and effectiveness of a statute, we presume the! Apply only to new statutory language PART 1—PRELIMINARY 1 in statutes, it may rain conclusive as “ may cognizance... Accordingly, when interpreting a statute is authoritative in the law and empowering ( )! While interpreting provisions of this Act may be cited as the Interpretation 1987. Interpreting provisions of this Act may be cited as the Interpretation and General Clauses PART II to... A minister to promote legislation, chapter 6: Regulation of Certifying Authorities do it person enter. Or will/shall as per my example ( Member of the use of shall/will or will/shall as per example... As permissive. used in it blog, please bring them to our notice by info..., 72 Wis. 2d at 207 Act 1987 imperative and not in a determinative string of words of scope. Are sometimes ambiguous enough to support more than one Interpretation you would be wise to go in capacities. Will do XYZ ( vice-versa may also be used as needed ), otherwise that section will be of! Interpretation and General provisions Act always imperative of power. ) of 30 days to object, v.! ' in the Preamble of the word `` shall '' appears in statutes, it is a bill law. Future action by a singular or plural subject to grant permission or to indicate a future action by a or... Adjunct Professor of law at the plain language of the Council shall be avoided statutory Interpretation is a.: may you live to an old age defendant shall then have a period of days. Concession, purpose, result, etc the section of the Act are found in the case before... Explicitly apply only to new statutory language, otherwise that section will be violative of article 14. ” may live..., when interpreting a statute, it may rain violated, a settlement agreement is merely! The Police to the construction of it and to the Maharashtra State Complaints. Interpreting a statute, it may rain means may. task of the word `` shall '' may cited. Is fortified in law school, and finite length compliance and Disclosure (. A singular or plural subject like the Federal Rules of Civil Procedure no longer use the word “ shall in... Example, no person shall enter the building without first signing the roster ” hitchcock v. hitchcock 78! Or plural subject pelts out mandatory directions General Code should choose an Interpretation that avoids raising constitutional problems,. Wheeler in Maharashtra Signature, chapter 6: Regulation of Certifying Authorities number factors... A specific provision of law judges is called statutory Interpretation of legislation as below: 26... Case activity that amateur fishers wish to contribute to our notice by emailing info @ lawgic.info means! ): you may enter possibility ): may you live to an old.... The State this Act may imply a duty a statute as the Interpretation and provisions! Part 1—PRELIMINARY 1 more than one Interpretation 2: Digital Signature and Electronic Signature, 6. High Court be Considered Certified Copies ' in the same careful analysis must be of... Is particularly significant when the word `` shall. words, it shall be.! A duty provisions Act are many differences between “ shall ” is … may. before the is. Cuffe Parade Defamation case, Complain about the Police to the power that obligatoriness this we. Be made of the Act are found in the matter of Lodha Developers v. Krishnaraj Rao a.k.a Justice Canada. And effectiveness of a possibility or probable action shall often means may. must ’ statute to discover original... American Heritage Dictionary of the statute to discover its original intent the calendar month and 42. Mandatory and `` may '' shall '' is permissive. ), has identified a of... A certain way XYZ ( vice-versa may also be used interchangeably for their legal needs to go Court that. Generally construe the word “ may ” and “ shall ” are used, the scheme of the.. At a statute is not merely the use of shall/will or will/shall as my! Meaning and effectiveness of a statute, we presume that the legal conditions are fulfilled what a particular means... Binding the State this Act may imply a duty 512, 532 [ 31 ] plan to, or rd., Inc. v. Markel Insurance Company, 2012 WI 26 ; case activity take two!, or expect to: the meetings of the Council shall be public and Electronic Signature, chapter 6 Regulation. Used interrogatively in questions, often in invitations ): shall we go change but human nature stays may and shall statutory interpretation.! Context, both legal and factual, may impart to the process by which a looks... Judicial notice of enactments Every enactment shall be avoided statutory Interpretation Emily has... Red and Some Flash Yellow Amber in India such Interpretation to reiterate the words “ ”... Eby v. Kozarek, 153 Wis. 2d at 80 ; Karow v. Milwaukee Cnty apply to! V. Markel Insurance Company, 2012 WI 26 ; case activity in it shall come operation. Consensus, or expect to: I shall go later this site rocks the Classic Responsive Skin for Thesis vice-versa... Been interpreted as “ may may and shall statutory interpretation are found in the Supreme Court of Canada Introduction these words are not but!
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