Incidental - Definition - Law Dictionary Home Dictionary Definition incidental

Definition :

Incidental, the word 'incidental' means according to Webster's New World Dictionary: 'happening or likely to happen as a result of or in connection with something more important; being an incident; casual; hence, secondary or minor, but usually associated', Delhi Cloth and General Mills Co. Ltd. v. The Workmen, AIR 1967 SC 469: (1967) 1 SCR 882.

Incidental, The expression 'Incidental' may mean differently in different contexts while dealing with a procedural law. It may mean proceedings which are procedural in nature but when it is used is relation to an agreement or the delegated legislation. It may mean something more, but the distinction between an incidental proceeding and a supplemental proceeding is evident, G.L. Vijain v. K. Shankar, AIR 2007 SC 1103.

May mean differently in different contexts. While dealing with a procedural law, it may mean proceedings which are procedural in nature but when it is used in relation to an agreement or delegated legislation, it may mean something more; but the distinction between an incidental proceeding and a supplemental proceeding being obvious cannot be ignored, Vareed Jacob v. Sosamma Geevarghese, (2004) 6 SCC 378.

'A thing is incidental to another if it merely appertains to something else as primary, State of Tamil Nadu v. Binny Ltd., AIR 1980 SC 2038 (2040): (1980) Supp SCC 686. [T.N. General Sales Tax Act, (1 of 1959), s. 2(d)(iii)]
The expression incidental' means necessary in certain contexts which does not mean a matter of casual nature only, Shroff and Co. v. Municipal Corporation of Greater Bombay, (1989) Supp 1 SCC 347: (1988) Supp 2 SCR 406 [Bombay Municipal Corporation (Levy of Octrai) Rules, 1965, R. 2(7)(9)]'