Or - Definition - Law Dictionary Home Dictionary Definition or

Definition :

Or, construed as 'and'. The courts may construe 'or' as 'and' if they find from the context that the wrong word must have been used, Morgan v. Thomas, (1882) 9 QBD 643 (645), per Jessel (MR).

Or, in the sentence any 'any person concerned in any such offence shall be liable to a penalty not exceeding three times the value of the goods or not exceeding 1000 rupees.' It is clear that if the words form an affirmative sentence, then the condition of one of the clauses only need be fulfilled. In such a case 'or' really means 'either' 'or'. In the Shorter Oxford Dictionary one of the meanings of the word 'or' is given as 'A participle co-ordinating two (or more) words, phrases or clauses between which there is an alternative.' It is also there stated, 'The alternative expressed by 'or' is emphasised by prefixing to the first member or adding after the last, the associated adv. EITHER.' So, even without 'either', 'or' alone creates an alternative. If, however, the sentence is a negative one, then the position becomes different. The word 'or' between the two clauses would then spread the negative influence over the clause following it. This rule of grammar is not in dispute. In such a case the conditions of both the clauses must be fulfilled, Ranchhoddas Atmaram v. Union of India, AIR 1961 SC 935: (1961) 3 SCR 718.

(ii) The word 'or' in clause (g) of s. 5(2) of Rajasthan Nathdwaran Temple Act, 1959, must mean 'and', Tilkayat Shri Govindlalji Maharaj v. State of Rajasthan, AIR 1963 SC 1638: (1964) 1 SCR 561. [Rajasthan Mathwara Temple Act, 1959, s. 5(2)(g)]

(iii) The use of the word 'or' in the detention order does not show that the detaining authority was not definite regarding the ground of detention therefore, would not introduce an infirmity as might justify the quashing of the order, Firoj Farukee v. State of West Bengal, AIR 1972 SC 2141: (1973) 3 SCC 903.

Or, is a particle used to connect words, phrases, or classes representing alternative, J. Jayalalitha v. Union of India, (1999) 5 SCC 138.

Or, is a word of considerable flexibility in its use but the fundamental meaning is always that of an alternative or contrast or a substitution. The precise effect on connecting words, phrases or clauses by 'or' will depend on the context. For the purpose of this chapter its use will be considered under the following heads: (1) as introducing an original gift by way of substitution, (2) as introducing a synonymous or explanatory expression, (3) in enumerating persons, things, or qualifications for some purpose as for selection or distribution. 'Or' is used also to indicate purely exclusive alter-natives, as in the expression 'a fine of two pounds or a week's imprisonment', Garrow's Law of Wills and Administration (Wellington, New Nealand), p. 378