Substitution - Definition - Law Dictionary Home Dictionary Definition substitution

Definition :

Substitution, indicate that the process cannot be split up into two pieces like this. If the process described as substitution fails, it is totally in-effective so as to leave intact what was sought to be displaced, State of Maharashtra v. C.P. Manganese Ore Co., AIR 1977 SC 879: (1977) 1 SCC 643.

Substitution. In the Civil Law a conditional appointment of a h'res. See Cum. C.L. 143; Sand Just.

In Scots law the enumeration or designation of the heirs in a settlement of property. Substitutes in an entail are those heirs who are appointed in succession on failure of others.

The word substitution necessarily or always connotes two severable steps, that is to say, one of repeal and another of fresh enactment. Indeed, the natural meaning of the word 'substitution' is to indicate that the process cannot be split up into two pieces like this. If the process described as substitution fails, it is totally ineffective so as to leave intact what was sought to be displaced. That seems to be the ordinary and natural meaning of the words 'shall be substituted', State of Maharashtra v. Central Provinces Manganese Ore Co. Ltd., AIR 1977 SC 879: (1977) 1 SCC 643: (1977) 1 SCR 1002.