Judgment Search Results Home > Cases Phrase: interpretation clause Court: us supreme court Page 5 of about 40,926 results (0.106 seconds)

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... while an explanatory and restrictive definition confines the meaning of the word defined to what is stated in the interpretation clause, so that wherever the word defined is used in the particular statute in which that interpretation clause occurs, it will bear only that meaning unless where, as is usually provided, the subject or context otherwise requires, an extensive definition expands or extends the ..... seventh edition, page 213, where an interpretation clause defines a word to mean a particular thing, the definition is explanatory and prima facie restrictive; and whenever an interpretation clause defines a term to include something, ..... the welfare of the people by securing and protecting as effectively as it may a social order in which social, economic and political justice shall inform all the institutions of the national life, when clause (2) of article 38 directs the state, in particular, to minimize the inequalities in income, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations ..... pay of a local authority, a corporation established by or under a general, provincial or state act or a government company as defined in section 617 of the companies act, 1956.the court pointed out that clause twelfth did not use the words 'body corporate' and, therefore, the question was whether the expression 'corporation' contained therein taken in collocation of the words 'established by or under a central or provincial or .....

Steel Authority of India Ltd. and ors. Etc. Etc. Vs. National Union Wa ...

Court : Supreme Court of India

Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349

..... of this court in heavy engineering's case (supra) and referring to the decision of this court in rashtriya mill mazdoor sangh's case (supra), the court took the view that the same principle would govern the interpretation of the expression 'appropriate government' in the clra act and held that the state government was the appropriate government pertaining to the regional offices and warehouses which were situate in various states ..... shall also refer to definitions of relevant terms in sub-section (1) of section 2 which contains interpretation clauses. ..... transport & dock workers union, a two-judge bench of this court, having noticed the conflict of opinion between different benches including two three-judge benches of this court on this interpretation of the expression 'appropriate government' in section 2(1)(a) of the contract labour (regulation and abolition) act, 1970 (for short, 'the clra act') and in section 2(1) of the industrial disputes act, 1947 (for short, 'the ..... . for a proper examination of these issues a reference to section 10 which provides for prohibition of employment of contract labour and clauses (b), (c), (e), (g) and (i) of section 2 of clra act which defines the terms 'contract labour', contractor, 'establishment', 'principal employer' and 'workman' respectively will be apposite, to interpret these and other relevant provisions of the clra act, to which reference will be made presently, we may with advantage, refer to 'craies on statute law' (16th edition by s. g. .....

Tata Power Company Limited Vs. Reliance Energy Limited and ors.

Court : Supreme Court of India

Reported in : 2008LC(SC)527; 2008(9)SCALE824; (2008)10SCC321

..... interpretation of clause 6 of the 1907 licences and clause 5 of the other licences to the effect that sub-clause (ii) thereof would be rendered tautologous, if the same was read independently of sub-clause ..... venugopal submitted that clause 2 of the 1907 licence granted in favour of tata power is an interpretation clause where the expression 'the licensees' ..... bombay electric supply and tramways company, limited, by reason of any objection by the latter to any supply by the licensees under sub-section (1)(b) of this clause, or in regard to the interpretation of the terms of this clause, such dispute shall be referred to an arbitrator appointed by the local government, whose decision shall be final.mr. ..... the commission has come to the conclusion that the license to supply energy 'for all purposes including supply to other licensees for their own purposes and in bulk', read with the succeeding terms of clause 5 and other provisions, may give tpc an unfettered right to supply energy directly to all or any consumers in the bses area of supply but no obligation to supply power, but it militates, ..... conclusion the tribunal not only ignored the situation prior to 1926 when bses was granted its licence, but also the subsequent amendments to the licences held by tpc whereby clause 5 of the 1919 and 1921 licences were altered to permit tata power to supply electrical energy for lighting and general purposes, other than power and including the supply ..... interpretation and implications of this clause .....

Oswal Fats and Oils Limited Vs. Additional Commissioner (Administratio ...

Court : Supreme Court of India

Reported in : JT2010(3)SC510

..... . the word `include' is generally used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the statue and when it is so used those 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 ..... . 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 ..... . when it 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.26 ..... . 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 ..... . the argument which has been advanced before us is that the concept of the term 'person', having been fixed by the central general clauses act, this concept and no other must be used for interpreting the second proviso to article 31a(1) of the constitution which lays down:provided further that where any law makes any provision for the acquisition by the state of any estate and where any land .....

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

..... therefore, submitted that section 3(d) operates only as ex majore cautela, ensuring that mere discoveries can never, by an effort at interpretation of clauses (j) and (ja) of section 2(1), be considered inventions.101 ..... section 2 contained the definition and interpretation clauses; it defined the terms invention and medicine in clauses (j) and (l) respectively as ..... the wto ministerial declaration on the trips agreement and public health adopted in doha, 2001 affirmed that ".the trips agreement can and should be interpreted and implemented in a manner supportive of wto members' right to protect public health and, in particular, to promote access to medicines ..... that the test of enhanced efficacy in case of chemical substances, especially medicine, should receive a narrow and strict interpretation is based not only on external factors but there are sufficient internal evidence that leads to the same view ..... . accordingly, while reiterating our commitment to the trips agreement, we affirm that the agreement can and should be interpreted and implemented in a manner supportive of wto members' right to protect public health and, in particular, to promote access to ..... pointed out that the expressions used in a different context in the european drug regulatory directive were incorporated in the patents act for an altogether different purpose and raised some important and interesting points for interpretation of section 3(d) but in this case we see no reason to go into those aspects of the matter. .....

National Insurance Co.Ltd. and anr. Vs. Kirpal Singh

Court : Supreme Court of India

..... ) 3 scc709where this court once again reiterated that the interpretation clause should be given a contextual meaning and that all statutory definitions must be read subject to the qualification variously expressed in the interpretation clause, which created them. ..... is, however, no reason why the expression retirement should receive such a restricted meaning especially when the context in which that expression is being examined by us would justify a more liberal interpretation; not only because the provision for payment of pension is a beneficial provision which ought to be interpreted more liberally to favour grant rather than refusal of the benefit but also because the voluntary retirement scheme itself was intended to reduce surplus manpower by encouraging, if not ..... that apart any provision for payment of pension is beneficial in nature which ought to receive a liberal interpretation so as to serve the object underlying not only of the pension scheme 1995 but also any special scheme under which employees have been given the option to seek voluntary retirement upon completion of the ..... this court repelling that contention held that 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 meaning in different sections of .....

K. Lakshiminarayanan Vs. Union of India

Court : Supreme Court of India

..... , 1.214) says: an interpretation clause which extends the meaning of a word does ..... 801: an interpretation clause of this kind is not meant to prevent the word 26 receiving its ordinary, popular, and natural sense whenever that would be properly applicable, but to enable the word as used in the act to be ..... in jagir singh (supra) has also held that while interpreting the definition clause, the context, the collocation and the object of words relating to such matter has to be kept in mind while interpreting the meaning intended to be conveyed by the use of ..... 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 24 what would appear to be the meaning intended to be conveyed by the use of the words under the circumstances. ..... occasion to interpret the definition clause in jagir ..... of legislative and executive power between the union and the states, (ii) the distribution of such legislative and executive power is by the constitution itself, and (iii) an independent judiciary to interpret the constitutional provisions and lay down validly in case of any dispute or doubt.53. ..... of federalism like duality of governments, distribution of powers between the union and the state governments, supremacy of the constitution, existence of a written constitution and most importantly, authority of the courts as final interpreters of the constitution are all present under our constitutional scheme. .....

Anglo American Metallurgical Coal Pty Ltd. Vs. Mmtc Ltd.

Court : Supreme Court of India

..... interpretation-clause. ..... , (2020) 5 scc164 a three judge bench of this court referred to the judgment of this court in dyna technologies (supra) and found that the interpretation of the arbitral tribunal in expanding the meaning of clause 23 of the contract to include a change in rate of high-speed diesel, not being even a possible interpretation of the concerned contract, the high court in setting aside 64 the award, could not be said to be incorrect. ..... in our view, while dealing with the appeal under section 37 of the act, the high court has considered the matter at length, and held that while interpreting the terms of the contract, no reasonable person could have arrived at a different conclusion and that the awards passed by the arbitrator suffer from the vice of irrationality and perversity. ..... however, ambiguity still plays an important role, in that the court can only place on the relevant contractual word, phrase or term an interpretation which is different from that to be ascribed by its plain language if a consideration of the context of the contract leads to the conclusion that the word, phrase or term in question may take on two or more possible meanings, ie, if there is latent ..... , (2019) 7 scc236 after referring to the parameters of review in associate builders (supra) and other cases, this court found that with respect to the first claim, relating to price adjustment/escalation, the arbitrator interpreted the relevant clauses of the contract and came to a certain finding. .....

Bangalore Electricity Supply Company Limited (bescom) Vs. Es Solar Pri ...

Court : Supreme Court of India

..... the interpretation clause contains three provisions which are 1.2.1 (k), 1.2.1 ..... west 13 | pa ge bromwich building society1 summarized the broad principles of interpretation of contract as follows: (1) interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in ..... if the developer is unable to commence supply of power to bescom .by the scheduled commissioning date other than for the reasons specified in clause 5.7.1, the developer shall pay to bescom, liquidated damages for the delay in such commencement of supply of power and making the contracted capacity available for dispatch by the scheduled commissioning date as per the following ..... us through the documents to argue that regulatory commission correctly interpreted the agreement to include the first date and last date ..... for reasons of practical policy and, in this respect only, legal interpretation differs from the way we would interpret utterances in ordinary life. ..... before embarking on the exercise of interpretation of the agreement it is necessary to take stock of the well- settled ..... there is change in kerc31988 (2) all er5774 2009 5 scc3135 1990 (1) scc73116 | pa ge applicable tariff, article 12.2 provides that the changed applicable tariff for the project shall be the lower of the tariff as in clause 12.1 and kerc applicable tariff as on the commercial operation day.18. .....

M/s Orator Marketing Pvt. Ltd. Vs. M/s Samtex Desinz Pvt. Ltd.

Court : Supreme Court of India

..... privy council, dealing with a definition which incorporated the word include , said, the word include is very generally used in interpretation clauses in order to enlarge the meaning; 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 as things which the interpretation clause declares that they shall include. ..... 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 word includes is often used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in ..... guarantee, indemnity, bond, documentary letter of credit or any other instrument issued by a bank or financial institution; (i) the amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause; company appeal (at) (ins) no.1064 of 20206 ibc separately defines debt under section 3(11) as under:- (11) "debt" means a liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational ..... the use of the expression means and includes in these clauses, on the very same principles of 20 interpretation as indicated above, makes it clear that for a person to become a creditor, there has to .....