Professional Documents
Culture Documents
HEADINGS
Headings
Prefixed
aretoofa 2group
section
kindsof sections
Limits to Heading as an
Aid to Construction
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.
Tolley v. Gidlings
Sec 217 (1) of the Road Traffic Act, 1960
Trend since
2001
(5) PUNCTUATIONS
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.
(6) ILLUSTRATIONS
In this case
The
Privy
Council held
the diary to
be
admissible.
(7) Definition
Sections
or
Interpretation
Clauses
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.
Extent of includes
Issue
Another construction:
means & includes
Restrictive or Exhaustive
Exhaustive
Definition
Context is Supreme
Hence, Mangalore
pattern roofing tiles were
not covered under this
section.
Definition of
Retrenchment in the
Industrial Disputes Act,
1947
Sec.2(oo) Retrenchment
means the
For instance
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.
Definition is
Subject to
It is
always
implied
For instance
Art.367