Judgment Search Results Home > Cases Phrase: interpretation clause Court: chennai Page 1 of about 15,154 results (0.053 seconds)

The State of Tamil Nadu Vs. Manakchand

Court : Chennai

Reported in : [1984]56STC237(Mad)

..... to quote craies on statute law, seventh edition, page 216 : 'another important rule with regard to the effect of an interpretation clause is, that an interpretation clause is not to be taken as substituting one set of words for another, or as strictly defining what the meaning of a terms must be, under all circumstances, but rather as declaring what may be comprehended with the ..... contends that the words 'unless there is anything repugnant' are much more emphatic than words such as 'unless the subject or context otherwise requires', and that before the definition in the interpretation clause is rejected as repugnant to the subject or context it must be clearly shown that if that is adopted, it will lead to absurd or anomalous results. ..... whether the same meaning, as has been given in the interpretation clause, should be given to the word wherever it occurs, will ..... if, therefore, an interpretation clause gives an extended meaning to a word, it does not follow as a matter of course that, if that word is used more than once in the act, it is on each occasion used in the extended meaning, and it may be always a matter for argument whether or not the interpretation clause is to apply to the word as used in the particular clause of the act, ..... it is one of the settled canons of interpretation of statutes that if an interpretation clause gives a particular meaning to a word it does not follow as a matter of course that if that word is used more than once in the act it is on each occasion used .....

Chullikana Shambatta and ors. Vs. Cherakoodlu Narayana Bhatta and ors.

Court : Chennai

Reported in : AIR1951Mad917; (1951)IMLJ596

..... 195:'if therefore, an interpretation clause gives an extended meaning to a word, it does not follow as a matter of course that, if that word is used more than once in the act, it is on each occasion used in the extended meaning, & it may be always a matter for argument whether or not the interpretation clause is to apply to the word as used in the particular clause of the act which is under consideration. ..... jacobes', (1875) lr 7 hl 481 , 'that the interpretation clause does no more than say that, where you find these words in the act, they shall, unless there be something repugnant in the context, or in the sense, include fixtures'. ..... act, the expression although singular in form may well be treated as including the plural, in terms of and without violation to the interpretation clause of the general clauses act. ..... the function of an interpretation clause is not, as is very often supposed, to substitute one set of words for another or to apply the meaning of the term under all circumstances, but merely to declare what may be included in the term when the circumstances required that it should be so interpreted. ..... in 'in re clayton's settled estates', 1926 ch 279, which deals with section 1, english interpretation act, 1889, where also a similar provision as in section 13, general clauses act, occurs, is instructive in so far as that judgment deals with the method of approach to be adopted in arriving at a contrary intention.11. .....

The Advocate-general of Madras Vs. A.L.A.R. Arunachelam Chettiar

Court : Chennai

Reported in : (1910)20MLJ387

..... section 2 only applies ' unless there be something repugnant in the subject or context,' and in cases like the present an interpretation clause must be applied with caution. ..... the power of altering the local limits of the ordinary original civil jurisdiction is reserved expressly by the letters patent to the local and not to the indian legislature, but clause 11 and all the other clauses of the letters patent are by clause 44 declared to be subject to the legislative power of the indian legislature so that it cannot be said that it would be inconsistent with the letters patent in the present form for the indian legislature to ..... further, the question is not one merely of jurisdiction but also of private right, because the prohibition in clause 11 protects defendants in the mofussil from being brought here to answer suits except in the circumstances laid down in clause 12; and it was the express policy of parliament to restrain the ordinary original jurisdiction of the high court within the limits to be prescribed ..... lastly i may observe that on the interpretation contended for there would be considerable difficulty as to the extent of the power to sue conferred upon the collector in the last para of the section, whereas on the other construction ..... again, as already mentioned, clause 11 of the letters patent of the presidency high courts expressly provides that the ordinary original civil jurisdiction shall not extend beyond the prescribed local limits of such jurisdiction, while the .....

South India Bank Ltd., Tirunelveli Vs. T.D. Pichuthayappan and anr.

Court : Chennai

Reported in : AIR1954Mad377; (1954)ILLJ289Mad; (1953)2MLJ639

..... it is well settled that an interpretation clause of a comprehensive character is'not to be taken as strictly defining what the meaning of a word must be under all circumstances but merely as declaring what things may be comprehended within the term, where the circumstances require that they .....

Bhupathi Vs. Rajah Rangayya Appa Rau

Court : Chennai

Reported in : (1894)ILR17Mad54

..... section 1: the word 'collector' shall be to denoteinterpretation clause. .....

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

Court : Chennai

..... 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 ..... 2002 rules, and the analysis of the aforenoted decisions, it appears that by employing the phrase and includes , legislature did not intend to impart a restricted meaning to the definition of inputs and therefore, the interpretation of the said term in maruti suzuki ltd (2009) 9 scc193may require reconsideration by a larger bench.".41. ..... there was a misunderstanding while interpreting the earlier circular dated 23.02.2009, even after the insertion of section 65(105)(zzzzt) and the substitution in clause (104c) of section 65. ..... therefore, the expressions services provided in relation to business or commerce operational or administrative assistance in any manner and infrastructural support services as contained in clause (104c) of section 65 has expanded the definition of support services and this has given rise to certain doubts in the minds of the assesses as well as the field officer which has been ..... therefore, it is trite that generally the word include should be given a wide interpretation as by employing the said word, the legislature intends to bring in, by legal fiction, something within the accepted .....

Raj Kumar Khemka Vs. Union of India (Uoi), Ministry of Finance, Rep. b ...

Court : Chennai

Reported in : AIR2009Mad143

..... of the interpretation clause plainly excludes the effect of a reference to banking company being construed as reference to a cooperative bank for three reasons: firstly, section 5 is an interpretation clause; secondly, substitution of 'cooperative bank' for 'banking company' in the definition in section 5(c) would result in an absurdity because then section 5(c) would read thus: 'cooperative bank' means any company, which transacts the business of banking in india; thirdly, section 56(c) does define 'cooperative bank' separately by expressly deleting/inserting clause (cci) in section ..... ' reported in : air2007sc1584; that was a case where two questions were framed by the supreme court at paragraph 69, one relating to 'interpretation clause', viz. ..... ; or(iii) the state bank of india; or(iv) a subsidiary bank; or(v) such other bank which the central government may, by notification,* specify for the purposes of this act;*(the central government has specified 'co-operative banks' as defined in clause (cci) of section 5 of the banking regulation act, 1949 (10 of 1949) as 'bank', vide s.o.105(e), dated 28.1.2003, published in the gazette of india, ext. ..... 'banking company' has also been defined under section 2(e) of rdb act and section 2(d) of the sarfaesi act, as per which, the 'banking company' shall have the meaning assigned to it in clause (c) of section 5 of the b.r act.on the other hand, though the 'bank' has not been defined under the provisions of the b.r. .....

S.A. Zahir Hussain and Another Vs. T. Somasundaram

Court : Chennai

..... clauses (b) and (e) of section 2 (interpretation clause) of the indian contract act, 1872 are extracted as under:- 2. ..... interpretation-clause. ..... it is significant to note here that the tamil nadu government under act 29 of 2012 has made the following amendment to clause (f) of sub-section (1) of section 17 as under:- [(f) instruments of agreement relating to construction of building as referred to in clause(i) under article 5 of schedule i to the indian stamp act, 1899 (central act ii of 1899); (g) instruments of agreement relating to sale of immovable property of the value of one hundred rupee and upwards; (h) instruments of power of attorney relating to immovable property ..... in view of the tamil nadu act 29 of 2012 which came into effect from 01-12-2012, clause (g) reads as under: (g) instruments of agreement relating to sale of immovable property of the value of one hundred rupee and upwards; 117. ..... sub-section (2) reads as under:- (2) no relief under clause (a) or clause (b) of sub-section(1) shall be granted by the court unless it has been specifically claimed: provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the ..... the documents which are required to be registered are enumerated under clauses (a) to (f) of sub-section (1) of section 17 of the registration act, 1908. .....

Arpit Jhanwar. Vs. Kamlesh JaIn Rep.

Court : Chennai

..... the state of gujarat and another , (1976) 4 scc 601, the hon'ble supreme court has held that "though the word "include" is generally used in interpretation clauses as a word of enlargement, in some cases the context might suggest a different intention". ..... state of gujarat (2008 (5) scc 449), consequently, the word must be construed as comprehending not only such things which they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. ..... case, while dealing with a case under the negotiable instruments act relating to a huf business, in paragraph no.9 of the judgment, the bombay high court has held as follows:- 9.a plain reading of the expression company as used in sub-clause (a) of the explanation is that it is inclusive of any body corporate or other association of individuals . ..... therefore, it should be interpreted having reference to the context of the act. ..... when the liberty of the subject is involved having penal consequences, then, the word 'include' should receive strict interpretation and not liberal interpretation. ..... after having made a comparison of the general clauses act and section 2 (21) and (16) of the gujarat agricultural lands ceiling act, the hon ble supreme court has held as follows:- the inclusive definition of person in the ceiling act, in the absence of any exclusion, would have the same meaning assigned to the word in the general clauses act, and in addition, a joint family as defined. .....

T.T.V. Dhinakaran Vs. Dy. Director, Enforcement Directorate

Court : Chennai

Reported in : AIR2003Mad59; 2003(85)ECC153; (2002)3MLJ587

..... him, the word 'includes' is very generally used in interpretation clause in order to enlarge the meaning of the words in ..... so payable by detaining or selling any goods belonging to such person which are under the control of any officer of enforcement; or (iii) if the amount cannot be recovered from such person in the manner provided in clause (i) or clause (ii), the adjudicating officer may prepare a certificate signed by him specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on his ..... 'it is clear that unless a definition of an another act is incorporated by a specific reference, it is wrong to interpret words in a statute in accordance with the definition of another statute, more particularly, when such statute is not dealing with ..... to avoid such a predicament position of law, a harmonious construction and interpretation of the provision of sections 9 to 11 of the act is called for and in that process, it can legitimately be stated that the lack of territorial jurisdiction would have also to be construed as a ground for setting aside the ..... , the supreme court has held that the definition of 'industry' in the industrial disputes act cannot be used to interpret the same expression used under the customs act. ..... , wherein their lordships have held thus: (para 7 and 11)'7, debt is a common expression and it is difficult to believe that it can give rise to any controversy in interpreting it. .....