Court : Allahabad
Reported in : 5Ind.Cas.423
..... had it been the intention of the legislature to enact that certain orders would have the effect and would be liable to the various provisions relating to decrees, there would be no difficulty in placing the word 'order' in the interpretation clause and defining it more or less in the same way that it was defined in the civil procedure code, 1882. ..... the tenancy act of 1901 is an act which contains in itself an interpretation clause in which some twenty and more expressions used in the act are interpreted. .....
Tag this Judgment!Court : Allahabad
Reported in : 9Ind.Cas.1023
..... of the indian staff corps is liable to attachment, the reason for the distinction between the two cases being that an officer of the staff corps is a public officer within the meaning of clause (h) of section 266 of the civil procedure code read with the interpretation clause, whereas an officer of the regular forces is not:' he would appear to rest the distinction upon a note furnished by the registrar of the calcutta high court which he considered as giving a correct ..... namely:(h) allowances (being less than salary) of any public officer or of any servant of a railway company or local authority while absent from duty:(i) the salary or allowances equal to salary of any such public officer or servant as is referred to in clause (h), while on duty to the extent of(i) the whole of the salary, where the salary does not exceed twenty rupees monthly;(ii) twenty rupees monthly, where the salary exceeds twenty rupees and does not exceed ..... both sides admit that the answer rests upon what is the proper interpretation of the decree under execution. ..... 399, held that applications by a decree-holder in accordance with law made under section 258 of the code of civil procedure, 1882, were applications by a decree-holder to take some step in aid of execution within the meaning of clause 4 of column 3, article 179 of the indian limitation act 1877. ..... neither case is any allusion made to the second proviso to section 266 and re-produced as clause 2(b) in section 60 of the civil procedure code, 190822. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All679
..... the word lease has not been defined in the tenancy act except in the interpretation clause section 3(13) where it is said that it includes a qabuliyat, but it is clear that under the tenancy act a lease is hardly a transfer of proprietary interest in land, for the act speaks of leases by landholders to tenants and by tenants to sub-tenants. .....
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 .....
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 : AIR1957All541
..... 165 'the word 'include' or 'shall be deemed to 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, or where it is intended that while the term defined should retain its ordinary meaning its scope ..... the fact that the act appears to apply to establishments which one would have thought there would be no intention to include within its scope, for the result of an interpretation clause is frequently to bring the most incongruous things within the operation of a statute.'10. ..... it is so used, these words or phrases must be considered 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' .in bapu vithal v. ..... an interpretation clause does ..... urged by the learned counsel for the appellant in support of his first contention is that in view of the definition clause, the proper way to interpret the proviso is to substitute the words 'cross objection from a decree in a suit' for the word 'suit ..... ' now if the substitution method of interpretation is employed and the phrase 'an appeal from a decree in a suit' is substituted for the word 'suit' occurring in the clause, the clause will read thus:-- 'in an appeal from a decree in a suit for reduction or enhancement of maintenance and annuities or other sums payable periodically :-- according to the value of the subject-matter of the suit .....
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 : AIR1963All194
..... he had notice of it and, under section 3 of the transfer of property act (interpretation clause) he must be deemed to have notice of the tems of the agreement which he would have known from inquiry. ..... bantam contended that after this notification section 5(b) of that act became operative under this clause. 32. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All344
..... i can only take section 2(10) as an interpretation clause which defines and not one which under the ..... would permit unscrupulous creditors to evade the provisions of section 28 of the act and, take advantage of the renewal to claim validly interest at a rate higher than that permitted by section 28 of the act.it has appeared to me that the interpretation put on the word 'loan' by the five-judge full bench in 1942 all lj 3 : (air 1942 all 50) (fb) can be applied to the word 'loan used in section 28 of the act without creating any such anomaly provided ..... between the two cases, the learned judges, however, 'proceeded to hold that the language of section 30 of the act was substantially different from thatused to section 28 of the act and the considerations, which applied to the interpretation of section 30, would not be the same as are applicable tothe other section.relying on the language of sub-section (1) of section 28 of the act, they expressed the view that this section prohibits the taking of a ..... i should say that an original loan, when accounts have been settled and on the basis of settlement of accounts it is renewed by a fresh-mortgage bond, is in substance a loan within the meaning of the definition and there is no reason to interpret the words 'which is in substance a loan' in any sense so as to destroy the-validity of past transactions and in my opinion, where an earlier transaction of loan is renewed, the new transaction itself is a 'loan' for purposes of section 2(10) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All294
..... ' from what we have quoted above from the interpretation clause and section 10 of the indian contract act it would be manifest that all agreements which are proper in the sense of competence of parties, their will not having been affected in any manner and their action not ..... 'in order to understand the true scope of this section we have to notice what is contained in the interpretation clause of the contract act in respectof agreements and contracts. ..... agreements which are not enforceable at law are said to be void in accordance with clause (g) of section 2 of the contract act.19. ..... section 2, clause (e) defines agreement thus:' 'every promise and every set of promises, forming the consideration for each other, is an agreement. ..... 'clause (h) says this:'an agreement enforceable by law is a contract. .....
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