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Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... (2018) 11 scc122 (b) we have various other civil and criminal writ petitions, appeals, special leave petitions, transferred petitions and transferred cases before us, raising similar questions of law pertaining to constitutional validity and interpretation of certain provisions of the other statutes including the customs act, 19624, the central goods and services tax act, 20175, the companies act, 20136, the prevention of corruption act, 19887, the indian penal ..... section 4 of the 1 8 3 - 186 2002 act conclusion 187(i)-(xx) order 1-7 preface1 in the present batch of petition(s)/appeal(s)/case(s), we are called upon to deal with the pleas concerning validity and interpretation of certain provisions of the prevention of money- laundering act, 20021 and the procedure followed by the 1 for short, pmla or the 2002 act 21 enforcement directorate2 while inquiring into/investigating offences under the pmla ..... in the interpretation clause, section 3 of the evidence act, expression fact has ..... interpretation clause ..... interpretation clause ..... interpretation clause ..... the present case the same conclusion would follow even if the clause accused of any offence is interpreted more liberally than was done in the case of m.p. ..... (lxxviii) it is further submitted that the interpretation of the court in nikesh tarachand shah321 is erroneous, because it ignores the non-obstante clause under section 45 which ousts the applicability 318 (2020) 5 scc1319 supra at footnote no.3 320 (1989) 1 scc101321 supra at footnote .....

Anirudh Jageorao Vs. Babarao Irbaji and ors.

Court : Mumbai

Reported in : AIR1983Bom391; 1983(85)ARBLR304(Bom); 1983MhLJ379

..... for the first time, a discordant note about the interpretation of clause (a) of section 3 of the said act was struck by malvankar, j ..... in the alternative, it was urged that vyavahara mayukha which is the prevailing authority for the bombay school of hindu law applied, and, therefore, even if any text, rule or interpretation of hindu law was to be excluded from clause (a) of section 3, the rules laid down in vyavahara mayukha would apply as custom or usage and such custom and usage relating to adoption having been uniformly recognised in judicial decisions of this court were not required either to be ..... only provisions in the said act in which an exception has been carved out in favour of custom or usage and that by reason of the provisions of section 4 all other provisions of the said act, apart from those contained in clauses (iii) and (iv) of section 10, override all texts, rules or interpretations of hindu law and all customs and usages as part of that law in force immediately before the coming into operation of the said act. ..... 3 is the interpretation clause. ..... the reasons given above, were hold that the expressions 'custom' and 'usage' as defined in clause (a) of section 3 of the said act include not only customs and usages in the ordinary sense which have obtained the force of law among hindus in any local area, tribe, community, group or family, but also texts rules and interpretation of hindu law which have been continuously and uniformly observed and have obtained the force .....

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Reported in : 1993(2)BomCR329

..... . which is an interpretation clause defines a 'beneficiary' as the person for whose benefit the confidence is accepted by the trustee, the person reposing or declaring the confidence, being the author of the ..... says the author--'as a corollary to the rule that phrases and sentences in a statute are interpreted according to grammatical meaning, relative and qualifying words, phrases and clauses are applied to the antecedent immediately preceding ..... . a basic rule in the interpretation of an ambiguous or problematic word or clause is to look for enlightenment at the document in which it ..... it is a concurring judgment resting on two props : construction of the letter of agency, and also, the interpretation of certain expressions occurring therein with reference to the subsequent conduct of parties ..... . it is not acceptable for the simple reason that it accepts a laboured interpretation of the height covenant, when the simpler one, stares us in the ..... having cleared the way for reception of evidence in regard to subsequent conduct including subsequent interpreting statements, i will now turn to the material on the subject ..... . 1 establishes that parties to the conveyance never understood and/or interpreted the height restriction covenant in the manner suggested by the plaintiff in the ..... . next an attempt is made to restrict the admissibility to subsequent interpreting statements (i) made by and between the parties to a document and (ii) statements in which both the parties have .....

Ganesh Traders Vs. District Collector, Karimnagar and ors.

Court : Andhra Pradesh

Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105

..... referred to hereinabove and as i am prima facie of the view that potential public mischief might ensue if the state were to be held denuded of regulatory powers in this area and as a purposive and dynamic interpretive analysis may posit some measure of regulatory power in the state, despite the facial silence of the legislation, in particular as article 21 rights of the general populace may have to be balanced against the ..... court referred to hereinabove and as i am prima facie of the view that potential public mischief might ensue if the state were to be held denuded of regulatory powers in this area and as a purposive and dynamic interpretative analysis may posit some measure of regulatory power in the state, despite the facial silence of the legislation, in particular as article 21 rights of the general populace may have to be balanced against the ..... refer to kenny's outlines of criminal law at page 45 with respect to actus reus in statutory offences, which reads: in deciding what matter is prohibited by statute little difficulty need be found, since the ordinary rules of interpretation of statutes are of course, to be applied; it has been judicially laid down that a penal enactment is to be construed, like any other instrument, according to the fair common-sense meaning of the language ..... place in the interpretation clause. ..... ..... the civil posts under the state occurring in clause (3) of article 371d has been interpreted as excluding services falling under chapters v and vi ( .....

Debi Singh and ors. Vs. Jagdish Saran Singh and ors.

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 .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... entries49 and 50 of list ii vis-a-vis entries 52, 54 read with entry 97 of list iof the seventh schedule of the constitution of india.overview of the statutes:the impugned acts:cess act, 1880:under section 4(interpretation clause) of the cess act, 1880 "immovableproperty" and "land" have been defined as follows:(i) "immovable property" includes lands and all benefits to arise out ofland and things attached to the earth, or permanently fastened ..... . the ordinary rule of interpretation is thatthe words used by the legislature shall be given such meaning aslegislature has chosen to assign them by coining definitions contained inthe interpretation clause and in absence thereof the words would be givensuch meaning as they are susceptible of in the ..... of the constitution, it is not possible to say that indiais not a subscriber to federalism but although having unique federalcharacter it can, be said to be quasi-federal or hybrid federal state.constitutional courts have interpreted that india has a federal polity.each state has independent constitutional existence assigned with importantpolitical role.having regard to the aforementioned principles in mind, the center-state relations as regards the distribution of legislative ..... conferred upon itunder section 30 of the tea act made an order known as tea (marketing)control order 2003 in terms whereof different types of tea had been broughtwithin the interpretation clause ..... of interpretation of statutes as alsounder section 6 of the general clauses .....

Smt. Ujjam Bai Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : [1963]1SCR778; [1963]Supp2SCR778

..... '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. ..... rightly. the illustration i have given of unconstitutional authorities acting under valid and constitutional enactments cannot be properly answered unless it be held that a plain and patent mis-interpretation of the provisions of the enactment could it self give rise to a plea that it was beyond the jurisdiction of the authority but that would be stretching the concept of jurisdictional ..... as not falling within the relevant entry in the legislative list the action by government or governmental officers would involve the violation of the freedom guaranteed by article 19(1)(f) - to acquire, hold and dispose of property or by clause (g) to carry on any trade or business, either the one or the other and in some cases both and could therefore furnish a right to invoke the jurisdiction of this court article 32 notwithstanding that the ..... that no fundamental rights can be said to be breached when the authorities act under a valid law even though by placing their interpretation on some provision of law they may err, provided they have the jurisdiction to deal with the matter and follow the .....

Ujjam Bai. Vs. State of Uttar Pradesh.

Court : Supreme Court of India

Reported in : AIR1962SC1621; 1963(1)SCR778

..... 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 ..... by the charging section does not involve the violation of a fundamental right merely because the imposition was by reason of an order of an authority created by the statute, though by a patent mis-interpretation of the terms of the act and by wrongly reaching the conclusion that such a transaction was taxable.i consider that the four concessions made by the respondent which i have set out ..... state under article 12 and of law under article 13(3); that court and tribunals are not law-making bodies in the sense in which law is defined in article 13(3), their function being to interprets law; and that it will, therefore, be inappropriate to bring them within part iii, which enacts limitations on power to makes laws.it is urged that the scheme of the constitution does ..... of moving the supreme court is itself a guaranteed right (article 32(1) and is unaffected by the powers of the high court (article 226(2)).the foregoing is a resume of the interpretations places upon article 32, but there are other provisions of the constitution relating to the supreme court which must be viewed alongside, because the supreme court has other roles to .....

Union of India Vs. Association of Unified Telecom Service Providers of ...

Court : Supreme Court of India

..... the word include is used in interpretation clauses to enlarge the meaning of words or phrases in the statute 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. ..... referring to the well known use of the word include in interpretation clauses to extend the meaning of words and phrases occurring in the ..... though include is generally used in interpretation clauses as a word of enlargement, in some cases the context ..... meanings to drive close , effective action of one thing upon another and the effect of such action , it is reasonable and fair to hold in the context that the word impact contained in clause 5 of the insurance policy covers the case of the respondent to say that damage caused to the building and machinery on account of the bulldozer moving closely on the road was on account of its impact . ..... with the rule of contra proferentem as follows: the contra proferentem rule of construction arises only where there is a wording employed by those drafting the clause which leaves the court unable to decide by ordinary principles of interpretation which of two meanings is the right one. ..... proferentum rule requires clauses 19.1 and 19.2 to be interpreted against the maker and to prefer the interpretation which is ..... stand of dot is that the interpretation is expressly contrary to clause 19.1, which categorically includes "revenue .....

Bcci vs.govt. Of Nct of Delhi and Ors.

Court : Delhi

..... 107 of 143 2008 sc968wherein the apex court has held that "when an interpretation clause uses the word "includes", it is prima facie extensive ".31 ..... word includes is usually used in the interpretation clause in order to enlarge the meaning of ..... consequence, the term 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. ..... in the words or phrases, it must be construed as comprehending not only such things as they signify according to their nature and impact but also those things which the interpretation clause declares they shall include... ..... part thereof but where some gap is left which is relevant for the purpose of the explanation, in order to suppress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, and (e) it cannot, however, take away a statutory right with which any person under a statute has been clothed or set at naught the working of an ..... part thereof but where some gap is left which is relevant for the purpose of the explanation, in order to supress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, and (e) it cannot, however, take away a statutory right with which any person under a statute has been clothed or set at naught the working of an .....