You are on page 1of 52

(3) HEADINGS

HEADINGS
Headings
Prefixed
aretoofa 2group
section
kindsof sections

Headings may be taken


into consideration when
The provision is ambiguous

Limits to Heading as an
Aid to Construction

Given less weightage as compared to Preamble

Conflicting Opinion exists as


to weight given to the
Headings

One View
It is to be regarded as
giving the key to the
interpretation of the
clauses ranged under
it, unless the wording
is inconsistent with
such interpretation
and so the wordings
might be treated as
Preambles
to
the
provisions
following
them.

Second View
.the court is entitled to
look at the headings in
an Act of Parliament to
resolve any doubt as
to ambiguous words, the
law is clear that those
headings cannot be used
to give a different effect
to clear words in the
section
where
there
cannot be any doubt as
to the ordinary meaning
of the words.

Bharat Damodar Kale v. State of


A.P.
Cr.PC, 1973
Chapter XXXVI
Limitations for taking cognizance of certain
offences
It was held that a cumulative reading of the
various provisions in the said chapter clearly
indicated that the limitation prescribed
therein was only for the filing of the
complaint or initiation of the prosecution
and not for taking cognizance.
The heading was not held to be controlling.

Bhinka v. Charan Singh


Sec. 180 Ejectment of persons
occupying land without title. A
person
taking
or
retaining
possession of a plot of land
without the consent of the person
entitled
to
admit
him
and
otherwise than in accordance with
the provisions of the law for the
time being in force shall be liable
to ejectment.

The Supreme Court held

Tolley v. Gidlings
Sec 217 (1) of the Road Traffic Act, 1960

The Court interpreted

Headings etc. are important indicators of legisl

(4) Marginal Notes

The Majority View

Marginal Notes cannot


completely be ignoredThe Contrary View

Trend since
2001

Uttam Das Chela Sunder Das v. Siromani


Gurudwara Prabandhak Committee, Amritsar

Marginal Notes are Pointers to


the intentions of the legislative
intent.
The
words
are
not
mere
surplusage.

(5) PUNCTUATIONS

Situation before and


after 1850
Acts after 1850

Acts before 1850

It is an error to
rely
on
punctuation
in
construing Acts
of
the
Legislature.
Maharani of
Burdwan v. Krishna
Kamini Dasi

When a statute
is
carefully
punctuated and
there is doubt
about
its
meaning,
a
weight
should
undoubtedly be
given
to
punctuation.

Mohd. Shabbir v. State of


Maharashtra

Sec. 27 of the Drugs & Cosmetics Act, 19

M.K.Salpekar (Dr.) v. Sunil


Kumar Shamsunder
Chaudhari
Sec. 13(3)(v) of the C.P. and Berar Letting of Houses and Rent C

(6) ILLUSTRATIONS

Shambhu Nath Mehra v.


State of Ajmer
They hold relevance.
Should not be readily rejected

Mahomed Syedol Ariffin v. Yeah


Oai Gark
Sec 32(5) of the Straits Settlemen

In this case

The
Privy
Council held
the diary to
be
admissible.

(7) Definition
Sections
or
Interpretation
Clauses

The discussion shall be


spread over the following
heads
(a)Restrictive and Extensive
Definitions
(b) Ambiguous Definitions
(c)Definitions are subject to a
contrary context

Definition Section
They are placed to avoid the necessity of
frequent
repetitions
in
describing
the
subject-matter.
A definition section may borrow definitions
from an earlier Act and the definitions so
borrowed may not necessarily be in the
definition section but may be in some other
provision of the earlier Act.
E.g. Art 366(1) of the Constitution defines
agricultural income to mean agricultural
income as defined for the purposes of
enactments relating to Indian Income Tax.

Legislature has the power


to define a word even
artificially
Types of
declared
Definitions
include
definedtoto
mean

The variety: Some examples

Some other examples

Such connotations are also in the category of ext

Carter & Bradbeer


The Licensing Act, 1964, Sec. 201(1)

Nutter v. Accrington Local


Board
Definition of street

Shree Golakeshwar Dev v.


G.K.S. Math
Sec. 2(10): Person having interest includes(a)In the case of a temple, a person who is entitled to
attend at or is in the habit of attending the
performance of worship or service in the temple;
(b)In the case of a math, a disciple of the math or a
person of the religious persuasion to which the math
belongs;
(c)In the case of a wakf , a person who is entitled to
receive any pecuniary or other benefits from the
wakf.
(d) In the case of a society registered under the Societies
Registration Act, 1860any member of such a society;
(e) In the case of any other public trust.any beneficiary.

Extent of includes
Issue

Another construction:
means & includes
Restrictive or Exhaustive

means A and includes B


&C
Ordinary meaning of the means part

Exhaustive
Definition

Jagir Singh v. State of Bihar

Bihar Taxation on Passengers and Goods (Carried by Public Serv

Mahalaxmi Oil Mills v.


State of Andhra Pradesh
Central Excises and Salt Act, 1944, Item 4 of the

Context is Supreme

South Gujarat Roofing Tiles


Manufacturers Association v.
State of Gujarat
The Minimum Wages Act, 1948:
Entry 22
For the purposes of this entry
potteries industry includes the
manufacture of the following
articles of pottery namely- (a)
Crockery,
(b)
Sanitary
appliances, (c) Refractories, (d)
Jars, (e) Electrical Accessories,

The Supreme Court

Hence, Mangalore
pattern roofing tiles were
not covered under this
section.

(b) Ambiguous Definitions

Definition of
Retrenchment in the
Industrial Disputes Act,
1947
Sec.2(oo) Retrenchment
means the

termination by the employer of the


service of a workman for any
reason whatsoever otherwise than
as punishment inflicted by way of
disciplinary action
Retrenchment
Ordinary Meaning
Artificial Meaning

For instance

The Courts look into the


Object of the Act

L.Robert
DSouza v.
Executive
Engineer,
Southern
Railway, AIR
1982 SC 854

TELCO Bombay v.
Registrar of the
Restrictive Trade
Agreement
Sec.2 (o) of the MRTP Act, 1969
defined
restrictive
trade
practice to be a trade practice
which has, or may have, the
effect of preventing, distorting
or restricting competition in any
manner.

The Observations of the


Supreme Court
(1)

(c) Definition are subject


to contrary context

Context- The Governing


measure!!

Definition is
Subject to

It is
always
implied

For instance

General Clauses Act, 1897 applies for construction of the Const

Art.367

Vanguard Fire & General


Insurance Co. Ltd.,
Madras v. Fraser & Sons

Two more places where


the word finds mention

Interpretation in the Supreme


Court

Contention before the Supreme