Court : Allahabad
Reported in : 2001(1)AWC1; (2001)1UPLBEC3
..... well settled that the word 'includes' is used in interpretation clause to enlarge the meaning of the words and phrases occurring in the body of the statute and they must be construed as comprehending not only such things as they signify according to their nature and import but also those things which the interpretation clause declares that they shall include ..... 1973crilj1184 , wherein it was held that the high court should exercise their discretion sparingly with care as a similar care in article 133 which allows appeal in civil cases had been consistently interpreted as including only those cases which involve questions of general public importance ..... well-settled principle of interpretation of statute that exception is intended to restrain the enacting clause to particular cases ..... have not been certified by the chief justice to be proceedings which ought to be heard and decided by high court of uttaranchal can be heard and disposed of by the high court of allahabad subject to the restrictions imposed by clauses (1) and (2) of article 226 of the constitution, namely, that the cause of action wholly or in part arises in territory comprised in the state of u. p ..... . reorganisation act, 2000 can neither amend nor can it be interpreted in a manner which may have the effect of amending the provisions ..... . over which the high court at allahabad exercises jurisdiction and, therefore, in view of clause (2) to article 226 of the constitution there is no impediment in the way of this court to issue appropriate writ to .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC266; (2001)2UPLBEC1715
..... there is no intrinsic improbability that any of the older sections may not be amended, in an amending and consolidating act and it is a novel and unheard of idea that an interpretation clause which might easily have been so expressed as to cover certain sections and not to cover others should be, when expressed in general terms, divided upon by a sort of theory of applicando singula singulis so as not to ..... govindasam air 1920 pc, lord dunedin speaking for the bench observed :'when the interpretation clause in a statute says that such and such an expression shall include so and so, a court in constructing a statute is bound to give effect to the direction unless it can be shown that the context of the particular ..... that the word 'includes' as used in section 3(h) of the waqf act is also often used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the 'statute'.26 ..... includes' is so used these words and phrases must be construed as comprehending not only such things as they signify according to their nature and import but also those things, which the interpretation clause declares that they shall include. ..... :'the general rule of construction is not only to look at the words but to look at the context, the collocation and the object of such words relating to such matter and interpret the meaning according to what would appear to be the meaning intended to be conveyed by the use of the words under the circumstances.'58. in p. .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)222CTR(All)153; [2009]179TAXMAN73(All)
..... of officers. had the intention of parliament been to confer the power of issuing authorization or warrant upon all officers, who come within the purview of the interpretation clause of 'director' or 'director-general', it was not necessary to mention therein that where the director or the director-general or the chief cit ..... as under:it is well-settled principle of law that although the definition would govern the statute whenever that word is used in the body thereof, where the context makes the definition given in an interpretation clause inapplicable, a defined word may have to be given a meaning different from that contained in the interpretation clause.the court further observed that the provisions of the it act clearly envisage a hierarchy ..... of the matter, it would not be correct to contend that the expression as defined (sic) the interpretation clause would necessarily carry the same meaning (sic) out ..... positive enactment. it is also well settled that an interpretation clause, having regard to its limited ..... the act. the interpretation clause as contained in section 2 begins with ..... .90. an ..... the addl. director is not entitled to exercise the power of the director-general under that section.we are further of the view that the insertion of clause (cc) in section 116 of the 1961 act has no bearing on the interpretation of the expression 'director-general' appearing in section 132 which, as mentioned above, shall be governed by the definition of the said expression in section .....
Tag this Judgment!Court : Allahabad
Reported in : (1880)ILR2All74
..... of a legislative definition, i find the following remarks:--'but we apprehend that an interpretation clause is not to receive so rigid a construction, that it is not to be taken as substituting one set of words for another, nor as strictly defining what the meaning of a word must be under all circumstances': and again in the same judgment--'we cannot refrain from expressing a serious doubt whether interpretation clauses of so extensive a range will not rather embarrass the court in their decision ..... ' and there are other illustrations of the same kind in dwarris all going to show that a legislative definition or interpretation clause must yield to enactments of a special and precise nature, and like words in schedules they are received rather as ..... dwarris' well-known treatise on statutes, second edition 1848, page 509, there is the following observation:--'interpretation clauses are by no means to be strictly construed, and convenience seems likely to lead to their being practically disregarded'; and then in support of such opinion he quotes from a judgment of lord chief ..... justice turner, dated the 13th november 1877, and a number of other appeals of the same kind having in the meantime been presented, it was felt by the court generally that owing to difficulties of interpretation arising out of the peculiarities of the provisions of the new code, some action should be taken by the court, and it was proposed by one of the judges that the legislative department of the government .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All115
..... . in the event that the definition found in the interpretation clause is at variance with the intention of the law-makers as expressed in the plain language of the statute, the intention ..... . section 2 of the act, like almost all interpretation clauses, subjects its definations to the usual condition, 'unless there is anything ..... harmonized, there can be no objection to allowing the interpretation clause to control the language defined ..... . to give the interpretation clause precedence where the two cannot be harmonized, would operate to make the ancillary portion of the ..... . but the interpretation clause and the statute proper must all be construed together as ..... if in the sections mentioned above and in section 89 of the act the expression 'criminal cases' were to be interpreted in terms of the definition given in section 2 there would be an obvious repugnancy in the subject and the ..... the court has not only to look at the words but also to look at the context, the collocation and the object of such words relating to such matter and interpret the meaning intended to be conveyed by the use of the words under the circumstances ..... . it is well settled that all statutory definitions or abbreviations must be read subject to the qualification variously expressed in the definition clauses which created them and it may be that even where the definition is exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have a somewhat different .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All200
..... privy council, repelling the contention that the statutory definition of the words 'indian immigrant' in the indian immigration act of natal should not be applied to those words in section 50 of that act, said,'now when the interpretation clause in a statute says that such and such an expression shall include so and so, a court in construing a statute is bound to give effect to the direction unless it can be shown that the context of the particular passage where the expression ..... it is, however, not necessary to go further into the matter; because, in any case, if the above view of the interpretation of sub-sections (1) and (3) is accepted as correct, this argument would be really beside the mark.the question whether a particular act was or was not the function of the municipal board might be relevant for the purpose of ..... it is incumbent on those who contend that the definition does not apply to section 74 to show with reasonable clearness that the context does in fact require a more limited interpretation of the word 'debenture'.'25. ..... this narrow interpretation is, however, not borne out by an examination of the provisions of sub-section (3). ..... general clauses act, 1904, made to include any provision contained in any act, and section 87-a, being a provision in the 1916 act, will be an enactment, unless there is anything repugnant in the subject or context of section 38. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All716
..... clause (a) is, therefore, the interpretation clause of section 58, and the definition of the terms 'mortgagor', 'mortgagee', 'mortgage money' and 'mortgage deed' given therein provides, as it were, a dictionary defining the meaning of the same words used in the subsequent clauses ..... historical retrospect of the law on the subject, a reference to the rulings of their lordships of the privy council as well as of all the high courts in india, an application of the rules of interpretation relevant to the question at issue drive one irresistibly to the conclusion that where the transaction is embodied in one document the transaction does not, as a result of the proviso added by the amendment act of ..... interpreting clause ..... with the main clauses (a) and (c) is to interpret it in the ..... clause which immediately follows clause (a), the terms 'mortgagor', 'mortgage-money', 'mortgagee', 'mortgaged property' and 'mortgage-deed' must, therefore, be interpreted according to the definition of these terms given in clause ..... interpretation to the proviso would be to defeat the mandatory provisions of the main clauses, and to create a serious conflict between the proviso and the main clauses ..... interpretation of section 58(c) thus: 'i will proceed to state the view which i hold of the proper scope and interpretation of this clause ..... clauses (c) to (g) repeat the same words in defining the various forms of mortgage and these words must also be interpreted in the light of the definition of the same given in clause .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3205; (2003)3UPLBEC2582
..... which the word 'include' has been expounded as under :'the word 'includes' is often used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the statute. ..... 3 scc 550, the apex court expressed the view that the word 'includes' is often used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the statute. ..... decision the word 'include', it has been observed, is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute ; and when it is so used, these words or phrases must be construed as comprehending not only such things as they signify according to their natural import but also those things which the interpretation clause declares that they shall include, (see regional director, e.s.i. ..... 'include' is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute ; and when it is so used, these words or phrases must be construed as comprehending not only such things as they signify according to their natural import but also those things which the interpretation clause declares that they shall include. ..... is so used, those words and phrases must be construed as comprehending not only such things as they signify according to their nature and import but also those things which the interpretation clause declares that they shall include. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... in its entirety, if contrary to the expression of the interpretation clause or legislative definition, will prevail over them. ..... interpretation clause will control in the absence of anything else in the act opposing the interpretation fixed by the clause ..... for the petitioner had submitted that a woman once she has been divorced or proved to have been divorced cannot be considered to be the wife for the purpose of the act and they submitted that the interpretation of expression 'judicially separated wife' meant, as held by the supreme court, to be the wife whose marriage has not been dissolved by divorce or decree for divorce or by decree of annulment of ..... clause is also called as an interpretation clause ..... that i have given in the operative part of the judgment and detailed discussion in the judgment per se will reveal that the case involves substantial question of law of general importance as well relating to interpretation of article 372 of the constitution and section 2 of muslim personal shariyat law application act as well as section 29 of hindu marriage act in the context of other provisions of the constitution ..... not the duty cast on a judge to decide a case in accordance with the law which runs in consonance with the constitution, its provision, and spirit to declare the law and interpret the provisions of an act in a manner that keeps it in conflict, but if the conflict appears unavoidable in the sense such as constitutional mandate imposes certain fundamental duties of a citizen .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All11
..... my very careful consideration, i feel compelled to come to the conclusion that, having regard to the wide language of section 9 (l) (a) and (d) read in the light of the interpretation clause, namely, section 19 (5), independence act, what was done by the governor-general is covered by the word 'vary' as it was only part of a section he was modifying ..... i may point out that by sub-section (5) of section 19 which is the interpretation clause, any power conferred by the independence act to make any order was to include power to revoke or vary any order previously made in ..... governor-general on 16th august and if he deliberately chose to omit something on the 14th, the point is whether he could, under the powers which he possessed under section 9 (l) or 9 (l) (d) read with the interpretation clause i.e. ..... that principle is to the following effect:'i think the tribunal whose duty it is to interpret a statute of the one class or the other should endeavour to find out what, according to the well known rules and principles of construction, the statute means, and if the meaning be clear ..... urged that it would be contrary to rules governing the interpretation of statutes to import legislation from a proviso into the ..... section 2 of the act, which deals with the territories of the two dominions, in sub-clause (4), lays down :'without prejudice to the generality of the provisions of sub-section (3) of this section, nothing in this section shall be construed as preventing the accession of indian states .....
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