SHABANA PARVEEN vs Malik MOHSIN HASSAN RASHEED Provision in a statute

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

SHABANA PARVEEN VS Malik MOHSIN HASSAN RASHEED Provision in a statute---Whether directory or mandatory---Principle---In order to determine whether a proviso is directory or mandatory, the duty of the court is to try to unravel the real intention of the legislature---The ultimate test is the intent of the legislature and not the language in which the intent is clothed---The object and purpose of enacting the provision provide a strong and clear indicator for ascertaining such intent of the legislature---The intention of the legislature must govern and this is to be ascertained not only from the phraseology of the provision but also by considering its nature, its object, and the consequences which would follow from construing it one way or the other---This exercise entails careful examination of the scheme of the Act in order to discover the real purpose and object of the Act---A provision in a statute is mandatory if the omission to follow it renders the proceedings to which it relates illegal and void, while a provision is directory if its observance is not necessary to the validity of the proceeding---One of the important tests that must always be employed in order to determine whether a provision is mandatory or directory in character is to consider whether the non-compliance of a particular provision causes inconvenience or injustice and, if it does, the court would say that that provision must be complied within and that it is obligatory in its character---There are three fundamental tests, which are often applied with remarkable success in the determination of this question---They are based on considerations of the scope and object, sometimes called the scheme and purpose, of the enactment in question, on considerations of justice and balance of convenience and on a consideration of the nature of the particular provision, namely, whether it affects the performance of a public duty or relates to a right, privilege or power - in the former case the enactment is generally directory, in the latter mandatory.

SHABANA PARVEEN vs Malik MOHSIN HASSAN RASHEED Provision in a statute — 2025 CLC 1852 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 CLC