Law: Banking Tribunals Ordinance, 1984

Section: 9

Law: Civil Procedure Code (V of 1908)

Section:

Law: Contract Act (IX of 1872)

Section:

Law: Constitution of Pakistan 1973

Section:

  Banking Tribunals Ordinance (LVIII of 1984)--- ----S. 9(1), first proviso---Appeal---Proviso to S.9(1), Banking Tribunals Ordinance, 1984 is rot mandatory but directory in nature---Just because the said proviso expresses a consequence that an appeal shall not be entertained unless the defendant first deposits the decretal or other amount would not make the proviso mandatory in nature---Word "shall" will not make a particular provision mandatory in nature. Maple Leaf Cement Factory v. The Collector of Central Excise and Sales Tax (Appeals), Lahore and 2 others 1993 MLD 1645 and Muhammad Saleh v. Chief Settlement Commissioner, Lahore PLD 1972 SC 326 ref. Interpretation of statutes--- ---- Words "shall" and "may" when used in a provision are interchangeable. Muhammad Saleh v. Chief Settlement Commissioner, Lahore PLD 1972 SC 326 ref. Interpretation of statutes--- ---- Negative language used in a provision---Effect---General rule---Exceptions. - No doubt -the general rule is that where a provision in a statute is couched in negative language, while providing for consequences in case of default of conditions and preconditions specified therein, the provision is to be taken to be mandatory in nature. However, this is only a general rule which is not without exceptions. Jamshed Ahmed Khan and 2 others v. The S.D. M./Assistant Commissioner, Garden Sub-Division, Karachi and others PLD 1987 SC 213 and Dr. Sher Afgan v. Aamar Hayat Khan 1987 SCMR 1987 ref. Interpretation of statutes-- ----- Determination as to whether a particular enactment is directory or mandatory---Principles. No universal rule can be laid down to determine as to whether a provision is directory or mandatory in nature. Every enactment has to be construed on its own merit in light of the general object intended to be secured, the subject-matter and the importance of the provisions which are to be interpreted. The correct approach while construing any provision of an enactment is to evaluate the entire scheme of the enactment, the nature of the provision in question and 'to ascertain the true intention of the Parliament before coming to the conclusion as to…