PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

TRI-STAR INDUSTRIES (PVT.) LIMITED vs TRISA BURSTENFABRIK AG TRIENGEN Directory and mandatory provisions — 2023 SCMR 1502 SUPREME-COURT

Case information

Citation
2023 SCMR 1502 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
TRI-STAR INDUSTRIES (PVT.) LIMITED vs TRISA BURSTENFABRIK AG TRIENGEN Directory and mandatory provisions

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TRI-STAR INDUSTRIES (PVT.) LIMITED VS TRISA BURSTENFABRIK AG TRIENGEN Directory and mandatory provisions---Distinction---In order to comprehend the true spirit of any provision, whether it is mandatory or directory, the conception, acumen and stratagem of the Act and the enabling Rules should be considered for proper resolution---For such purpose Court has to scrutinise the pith and substance and not exclusively the form---Sometimes a provision in the legislation seems to be mandatory, but substantially it is directory and, inversely, sometimes a provision seems to be directory but in quintessence it is found to be mandatory for compliance, therefore, for all practical purposes, it is the fundamental nature which counts and should take preference and affinity more than the form---If a provision gives a power as well as a duty, it is mandatory and the enabling text of law and rules should be interpreted as obligatory so that the underlying principle and raison d'etre is not contravened or flouted.

Other judgments reported in 2023 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English