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SUBSIDIARY RULES
OF
INTERPRETATION
SYNOPSIS
1. Same word same 6. Mandatory and
meaning Directory Provisions
2. Use of different 7. Conjunctive and
words disjunctive words ‘or’
3. Rule of Last and ‘and’
Antecedent 8. Construction of
4. Non obstante clause general words
5. Legal Fiction
1.) Same Word Same Meaning
Presumption is
In different they are used in
Same
parts of the the same
words used same statute meaning
throughout
Can notes of a
The question was conversation
Amount to statement??
Statement is not defined in the Dictionary meaning Also, the word’s usage in
Act has to be seen other parts of the IEA
Contention of the Appellant
The word ‘statement’ required communication to the other
person
●
‘Statement’: Primary Meaning- something that is
stated.
Primary Meaning
The word ‘Statement’ in other
sections of Indian Evidence Act
The varying
meanings of the
word ‘statements’
Statements made by
persons could be used
even though not
communicated
●
Wanchoo J: “Words are generally used
in the same sense throughout in a
2.) statute, unless there is something
repugnant in the context.”
Maharaj Singh v. State of U.P. & Ors
AIR 1976 SC 2602
S.4 of the U.P. ●
The right, title and interest of all
Zamindari the intermediaries in every estate
Abolition & including haats, bazaars and melas
Land Reforms stood terminated and ‘vested’
absolutely in the State.
Act, 1950
●
The State is authorized to
declare that haats, bazaars and
S. 117(1) melas which had vested in the
State shall ‘vest’ in the Gaon
Sabhas.
The order of governance
State
Village
‘title’ in the state
State is authorized
‘vested’ interest
The ●
The defendant was a zamindar & had
been conducting a cattle fair on the estate
in dispute.
Dispute ●
The State initiated an action of ejectment.
The ●
Vesting in the state was absolute, the
vesting in the sabha was limited to
Supreme possession & management subject to
Court divestiture by Government.
2. Use of Different Words
in relation to the different words
same subject used in the same
matter if statute
the
presumption is
Test Analysis
Similarly….
CIT v. East
Explanation West
to Sec.23A of Import & Export Pvt. Ltd.
the Income Tax Act, 1922
Jaipur
AIR 1989 SC 836
MD of several companies.
●
He applied to the Collector of Calcutta u/s.31
●
By that power, he empowered X and Y ‘jointly and
●
Any instrument comprising or relating to several
Sec.5
distinct matters shall be chargeable with the
aggregate amount of the duties with which separate
instruments, each comprising or relating to one of
such matters, would be chargeable under the Act.
●
Subject to the provisions of the last preceding section,
Sec.6
an instrument so framed as to come within two or
more of the descriptions in Schedule I, shall, where
the duties chargeable there under are different, be
chargeable only with the highest of such duties.
The words…that caused confusion!!
Sec. 5
‘distinct matters’
Analysis of the Court
Sec. 5 applies to more than one
transaction.
When 2 words of different
import used in two consecutive
provisions, it cannot be
maintained that they are used in
the same sense.
Analysis of the Court
holding
One person
properties
in different
capacities
each executes a
unconnected power in respect
with the other of both of them
the instrument
Decision of the Court
The Rule is subordinate to context
as it was not
‘subscribed’ by the
proposers as per S.20
‘Signed’ by a Proposer
‘Subscribed’ by 10 proposers
The opinion of the Court
The opinion of the Court
• The Legislature has used the word
subscribed both in regard to the candidate
as well as proposers and seconders.
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