1. Bacardi India Pvt. Ltd. VS State Of Karnataka - 25 Jun 19

to grant any relief even where justice of case so demands- If word shall is treated as mandatory net effect would be that even ... but considering its nature design and consequences- Applying this principle word shall used in rule requires to be read as may- ... where default in complying with direction given by court is technical fortuitous unintended or on account of circumstances beyond ... If the word 'shall' is treated ... 'shall' used in rule 20(2) requires to be read as 'may'. ... has to be adjusted depending upon the facts and circumstances of the case.

India - Karnataka

2. Sadashiv Durgaji Ambhore & others VS State of Maharashtra & others - 16 Apr 92

Here again the lands falling under the two categories constitute separate classes and cannot consequently be treated ... The use of word "may" after

India - Bombay

3. George Williamson (A) Ltd. VS Commissioner of Income Tax - 12 Sep 06

Doubtless, under certain circumstances, the expression 'shall' is construed as 'may'. ... and situations be treated as indicative of a mandatory nature. ... At times, the word "shall" may be read as "may" whereas in some context, the word "may"

India - Gauhati

4. Firm Kripa Ram Ganeshi Lal VS Vijay Kumar Goyal - 10 Feb 86

(a) Rent Control Act—S. 13(5)—Word shall is imperative, mandatory and of compulsory force and not as merely diretory or permissive ... (b)—Interpretation of statutes—Mandatory or directory—Depends upon context word shall in Sec. 13(5) of Rent Control Act is mandatory ... been treated at times as interchangeable. ... It depends upon the context in which the word shall occurs and the other circumstances. ... It was in these circumstances that the word "shall" occurring in section 11-A of the Bihar

India - Rajasthan

5. K. V. Muthu VS Angamuthu Ammal - 17 Dec 96

It is not in every case that a son who is not the real son of a person would be treated to be a member of family of that person but would depend upon the facts and circumstances of a particular case.

would be treated to be a member of family of that person-It would depend upon the facts and circumstances of a particular case. ... -(Yes, in the facts and circumstances of the instant case)-It is not in every case that a son who is not the real son of a person ... (Para 32) ... In view of the above facts an circumstances, Arunachala ... Nur Mohd.10, have all held that the word "Family" is a flexible word and it may, in certain circumstances, specially in the context ... Even illegitimate son may be treated as legitimate, as for example, the son referred to in Section 16 of Hindu Marriage Act, as ... not be treated to be conclusive if it was otherwise required by the context.

India - Supreme Court

6. JAGARNATH VS KULLU MUNICIPAL COMMITTEE - 01 Jan 02

duty, it is not always that word may used in a statute shall always be treated as directory as it is not a word of compulsion. ... In the aforesaid circumstances, under great public pressure the Fire Brigade Staff was forced to come into action. ... be circumstances which enjoin positive duty upon it as in the present case to mandatorily carry out the said duty.

India - Himachal Pradesh

7. Suresh Chandra Jana VS State of West Bengal - 11 Aug 17

Delay in lodging FIR fully explained is not fatal to prosecution story.Minor lapses in police investigation not sufficient to acquit the accused.It is not every doubt but only a reasonable doubt of which benefit can be given to the accused.In certain circumstances victim’s FIR should be treated as het dying declaration. Accused cannot derive any benefit from the variation in time mentioned in charge sheet unless it caused prejudice to him in defending himself.Criminal justice system defined.Corroboration of dying declaration is not always required for awarding conviction.Negligent investigation or omissions or lapses, due to perfunctory investigation need to be effectively rectified.

(i) Acid attacks – Merely having stringent laws and enforcement agencies may ... -7 Joyram Jana, should have been treated as her dying declaration. ... The victim has further stated in her complaint, which can be treated as dying declaration, that she did go to the police station ... We are required to adjudicate on the basis of letter and spirit of law uninfluenced by any external circumstances.

India - Supreme Court

8. Colour Chem VS A. L. Alaspurkar - 05 Feb 98

Important PointIn the case of even major misconduct if the punishment of dismissal or discharge as imposed is found to be grossly disproportionate in the light of the nature of the misconduct or the past record of the em­ployee concerned involved in the misconduct or is such which no rea­sonable employer would ever impose in like circumstances, inflicting of such punishment itself could be treated as legal victimisation.

, inflicting of such punishment itself could be treated as legal victimisation. ... past record of the employee concerned involved in the misconduct or is such which no reasonable employer would ever impose in like circumstances ... Imposition of such shockingly disproportionate punishment by itself, therefore, has to be treated as legal victimisation apart from ... , inflicting of such punishment itself could be treated as legal victimisation. ... This contention, therefore, must be treated to be clearly an afterthought and appears to have been rightly given up in subsequent ... Imposition of such shockingly disproportionate punishment by itself, therefore, has to be treated as legal victimisation apart from

India - Supreme Court

9. Ashish Vinayak VS State of Haryana - 25 Mar 08

Circumstantial evidence--Five golden principles constituting the proof--Explained.Preponderance of probabilities--The acts which should or ought to have been done in the normal circumstances by the persons having normal habits if done in unusual manner not acceptable to the human conscience are treated to be not filing in the preponderance of probabilities.

by the persons having normal habits if done in unusual manner not acceptable to the human conscience are treated to be not filing ... ... (ii) The circumstances should be conclusive in nature. ... guilt of an accused person by circumstantial evidence are:- ... (i) The circumstances ... His this behaviour that he treated it as a routine matter, so there was nothing special ... if so then whether the same could be treated as sufficient to satisfy the conscience of the court for unerringly pointing towards ... having normal habits if done in unusual manner not acceptable to the human conscience are treated to be not filing in the preponderance

India - Punjab

10. Sidhartha Vashisht @ Manu Sharma VS State (NCT of Delhi) - 19 Apr 10

1. Cryptic telephonic messages cannot be treated as FIR as their object only is to get the police to the scene of offence and not to register the FIR. 2. Merely because the information given on phone was prior in time would not mean that the same would be treated as the First Information Report. 3. Delay in recording the statement of the witnesses does not necessarily discredit their testimonies. The court may rely on such testimonies if they are cogent and credible. 4. There is no limitation on the part of the Appellate Court to review the evidence upon which order of acquittal is found-Appellate Court in an appeal against acquittal can review the entire evidence and come to its own conclusions. 5. Evidence of phone calls is a very relevant and admissible piece of evidence. 6. Presumption of innocence of an accused is a legal presumption and should not be destroyed at the very threshold through the process of media trial and that too when the investigation is pending. In that event, it will be opposed to the very basic rule of law and would impinge upon the protection granted to an accused under Article 21 of the Constitution. 7. It is not as if every single leading question would invalidate the trial. The impact of the leading questions, if any, has to be assessed on the facts of each case. 8. Where an accused furnishes false answers as regards proved facts, Court ought to draw an adverse inference qua him and such an inference shall become an additional circumstance to prove the guilt of the accused.

has not received any set back in the facts and circumstances of the case. ... instant case the three cryptic telephonic messages received by the Police at around 2.20 a.m. on night of occurrence should be treated ... upon which the investigation started and, hence statement of PW-2 recorded by the Police later on around 3.40 a.m. could not be treated ... Thus it cannot be urged by the defence merely in order to suit his convenience that his statement may be treated as evidence and ... In these circumstances, the right of the accused to disclosure has not received any set back in the facts and circumstances of the ... Noticing these circumstances this Court held: (SCC p. 481, para 4).

India - Supreme Court