Plain Meaning Rule - Law Dictionary Search Results
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plain meaning rule : a rule in statute or contract interpretation: when the language is unambiguous and clear on its face the meaning of the statute or contract must be determined from the language of the statute or contract and not from extrinsic evidence ...
Cheats
Cheats, deceitful practices, in defrauding on endeavouring to defraud another of his known rights, by means of some artful device, contrary to the plain rules of common honesty; as by playing with false dice, by causing an illiterate person to execute a deed to his prejudice, or reading it over to him in words different from those in which it is written; selling one commodity for another, or using false weights and measures, and the like, 1 Hawk. 188. 'If a person in the course of his trade or business, openly and publicly carried on, put a false mark or token upon an article so as to pass it off as a genuine one, when in fact it is only a spurious one, and the article is sold and money obtained by means of that false mark or token, that will be a cheat at Common Law.'-Per Cockburn, C.J., in R. v. Closs, (1857) 27 LJ MC 54. See also R. v. Vreones, (1891) 1 QB 360; R. v. Hamilton, 1901 (1) KB 740.Cheating at play is punishable in like manner as obtaining money by false pretences under t...
Expressio unius est exclusio alterius
Expressio unius est exclusio alterius, it is a maxim for ascertaining the intention of the legislature. Where the statutory language is plain and the meaning clear, there is no scope for applying the rule, Parbhani Transport Coop. Society v. Regional Transport Authority, AIR 1960 SC 801: (1960) 3 SCR 177; see also AIR 1975 SC 2299.Expressio unius est exclusio alterius. Co. Litt. 210 a.--(The mention of one thing is the exclusion of another.) See Broom's Leg. Max....
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Processing
Processing, in common parlance 'processing' is understood as an action which brings forth some change or alteration of the goods or material which is subjected to the act of processing. 'What is necessary in order to characterise an operation as 'processing' is that the commodity must, as a result of the operation, experience some change' (See Chowgule & Co. Pvt. Ltd. v. Union of India, 1981 (1) SCC 653: AIR 1981 SC 1014). In a cold storage, vegetables, fruits and several other articles which requires preservation by refrigeration are stored. While as a result of long storage, Scientific examination might indicate loss of moisture content that is not sufficient for holding that the stored articles have undergone a process, Delhi Cold Storage Pvt. Ltd. v. Commissioner of Income Tax, New Delhi, AIR 1991 SC 2125.Processing, include the preservation of such products as canning, freezing drying, salting, smoking, peeling or filleting etc., Regional Executive, Kerala Fishermen's Welfare Fund...
Leave
Leave, having regard to the language of Rule 123 doubtless the word 'leave' has been used as a verb and not as a noun. Taking the word in its ordinary parlance if used as a verb it clearly connotes that the candidate should have given up the job or quitted the service or severed all connections with the post that he was holding. If the word 'leave' would have been used as a noun in the sense of obtaining leave or furlough then the concept of permission would undoubtedly have to be considered. In Black's Law Dictionary, Revised Fourth Edition at p. 1036 the author referring the case of Landreth v. Casey, 340 III 519; 173 NE 84 (85) observes as follows: 'Wilful departure with intent to remain away, and not temporary absence with intention of returning.' To the same effect is the definition of the word 'leave' when used as a verb in Webster's New International Dictionary at p. 1287 where it has been defined as meaning 'desert, abandon, forsake, to give up the practice, to quit service and...
Paper
Paper, includes vellum parchment or any other material or which an instrument may be written, Rajasthan Stamp Act, 1999, s. 2(xxvi).Paper. As to the paper on which proceedings in the Supreme Court must be printed, see PRINTING.It includes vellum, parchment or any other material on which an instrument may be written. [Indian Stamp Act, 1899, s. 2 (18)]The word 'paper' admittedly not having been defined either in the U.P. Sales Tax Act, 1948 or the rules made thereunder, it has to be understood according to the aforesaid well-established canon of construction in the sense in which persons dealing in and using the article understand it. It is, therefore, necessary to know what is paper as commonly or generally understood. The said word which is derived from the name of reedy plant papyrus and grows abundantly along the Nile river in Egypt is explained in The Shorter Oxford English Dictionary (volume 2) (Third Edition) as: A substance composed of fibers interlaced into a compact web, made ...
Interpretation of Statute
Interpretation of Statute, it is well-settled that in construing the provisions of statute the Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCR 148.Interpretation of Statutes, as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence such as parliamentary debates, reports of the commit-tees of the legislature or even the statement made by the Minister on the introduction of a measure or by the framers of the Act is admissible to construe those words. It is only where a statute is not exhaustive or where its language is ambiguous, uncertain, clouded or susceptible ...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Wife
Wife [wif, Sax.; wiff, Dut,; wyf, Icel.; uxor, Lat.], a woman that has a husband. See HUSBAND AND WIFE.Wife includes a divorced Muslim wife, Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243: (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (1974), s. 125 (1) Cl. (b) and s. 127(3)]Wife includes divorced wife, Capt. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807: (1978) 4 SCC 70: (1978) 3 SCR 782.The word 'wife' is not defined in the Code except indicating in the Explanation its inclusive character so as to cover a divorcee, Yamuna Bai Anantrao Adhav v. Anantrao Shivram Adhav, AIR 1988 SC 644: (1988) 1 SCC 530: (1988) 2 SCR 809.It means a Parsi wife. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (9)]Clause (b) of the Explanation to s. 125(1), provides that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. 'Wife' means a wife as defined, irrespective of the religion professed by her or by her husband....
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