Definition Clause - Law Dictionary Search Results
Home Dictionary Name: definition clauseDefinition clause
Definition clause, A definition clause does not necessarily in any statute apply in all possible contexts in which the word which is defined may be found therein. The opening clause of s. 2 of the T.N. Buildings (Lease and Rent Control) Act, 1960 itself suggests that any expression defined in that s. should be given the meaning assigned to it therein unless the context otherwise requires, K. Balakrishna Rao v. Haji Abdulla Sait, (1980) 1 SCC 321: AIR 1980 SC 214: (1980) 1 SCR 875....
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Includes
Includes, as (i) to have as contents or part of contents; be made up of or contain; (ii) to add as part of something else; put in as part of a set, group or a category (iii) to contain as a secondary or minor ingredient or element, (Collins Dictionary of English Language).Is used in an interpretation clause, it must be construed as comprehending not only such things as they signify according to their nature and import but also those thing which the interpretation clause declares that they shall include, Scientific Engg. House (P) Ltd. v. C.I.T., (1986) 1 SCC 11: 1986 SCC (Tax) 143.The word 'includes' has different meanings in different contexts. Standard Dictionaries assign more than one meaning to the word 'include'. Webster's Dictionary defines the word 'include' as synonymous with 'comprise' or 'contain'. The Illustrated Oxford Dictionary defines the word 'include' as (i) comprise or contain in as a part of a whole; (ii) treat or regard as so included. The Collins Dictionary of Engl...
Interpretation Clause
Interpretation Clause, a clause of an Act of Parlia-ment or document which defines the meaning of certain words occurring frequently in other clauses of the Act or document; see, e.g., s. 334 of the Public Health Act, 1936, replacing s. 4 of the (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), and see also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 305. Almost all modern Acts define the sense in which certain terms are used for the purposes of the Act.Interpretation clauses have been much complained of by judges: see Mews's Digest, tit. 'Statute,' p. 1886; but they make an Act, by shortening, much easier to read, and indeed in their complicated matters with which modern legislation deals, their use is absolutely indispensable. It should, however, be observed that the definitions in such clauses are generally exclusively referable t the Statute, or Part, or S. to which they are expressed to relate and do not necessarily govern the meaning of the term in any...
Subject to war clause
Subject to war clause, this expression has not ac-quired any definite meaning and such stipulation being wholly vague, would have no significance. If any articles are delivered under a contract con-taining such a clause, no implication is to be derived from the delivery of the goods by one party or the payment made by the other consequent on such delivery, Bishop & Baxter Ltd. v. Anglo-Eastern Trading & Co. Ltd., (1994) 1 KB 12....
Judicial definitions
Judicial definitions, judicial definitions are not statutory definitions; they are mere explanatory and not definitive. Therefore, every word of the judicial definition should not be weighed in golden scales. The tendency is to try to interpret the langu-age implode by the judges in the judicial definition as if it has been transformed into a statutory definition. That is wrong. Always, words and expressions to be interpreted are those employed in the statute and not those used by judges for felicitous explanation, S.P. Mittal v. Union of India, AIR 1983 SC 1: (1983) 1 SCC 51: (1983) 1 SCR 729....
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
ipso facto clause
ipso facto clause : a clause in an agreement stipulating the consequences (as termination of a lease or acceleration of a payment) of the insolvency of one of the parties called also bankruptcy clause ipso facto bankruptcy clause NOTE: An ipso facto clause is invalid under the Bankruptcy Code because a trustee is not bound by any provision or applicable law that is conditioned on the debtor's insolvency. ...
penalty clause
penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...
Continuation clause
Continuation clause. In English time policies it has been usual to provide by a clause attached to the policy, called the continuation clause, that if at the end of the period of insurance the ship is at sea, the insurance may be extended until her arrival at some port, Arnould's Marine Insurance, 8th Edn. P. 570. The Finance Act, 1901, (1 Edw. 7, c. 7), s. 11,provides that a policy of sea insurance shall not be invalid on the ground only that by reason of such a clause it may become available for a period exceeding twelve months, and a continuation clause is for this purpose defined as an agreement to the effect that in the event of the ship being at sea or the voyage otherwise not completed on the expiration of the policy, to subject-matter of the insurance shall be held covered until the arrival of the ship, or for a reasonable time thereafter not exceeding thirty days....
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