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Saturday, January 12, 2008

Definitional Sections/Clauses

a Section cannot be used for construing the Section. In c.!. T. V s. Ahmedbhai Umarbhai & Co. (AIR 1950 SC 134 at 141), Patanjali Shastri, J., had declared: "Marginal notes in an Indian statute, as in an Act of Parliament cannot be referred to for the purpose of construing the statute", and the :same view has been taken in many other cases.
However, marginal notes appended to Articles of the Constitution have been held to be part of the Constitution as passed by the Constituent Assembly and, therefore, have been made use of in construing the Articles.
(e) Definitional Sections/Clauses
The legislature has the power to embody in a statute itself the definitions of its language and it is quite common to find in the statutes 'definitions' of certain ~ords and expressions used in the body of the statute. When a word or phrase is defined as having a particular meaning in the enactment, it is that meaning alone which must be given to it in interpreting a Section of the Act unless there be anything repugnant in the context. The Court cannot ignore the statutory definition and try and extract what it considers to be the true meaning of the expression independehtly of.it.
The purpose of a definition clause is two-fold: (i) to provide a key to the proper interpretation of the enactment, and (ii) to shorten the language of the enacting part by avoiding repetition of the same words contained in the definition part every time the legislature wants to refer to the expressions contained in the definition.
The definition of a word or expression in the definition section may either be restricting of its ordinary meaning or may be extensive of the sarne. When a word is defined to 'mean' such and such, the definition is 'prima facie' restrictive and exhaustive-we must restrict the meaning of the word to that given in the definition section. But where the word is defined to 'include' such and such, the definition is 'prima facie' extensive: here the word defined is not restricted to the meaning assigned to it but has extensive meaning which also includes the meaning assigned to it in the definition section. We may also find a word being defined as 'means and includes' such and such: here again the definition would be exhaustive.
It has been a universally accepted principle that where an expression is defined in an Act, it must be taken to have, throughout the Act, the meaning assigned to it by the definition, unless by doing so any repugnancy is created in the subject or context.
if) Illustrations
We would find that many, though not all, sections have illustrations appended to them. These illustrations follow the text of the Sections and, therefore, do.not form a part of the Sections. However, illustrations. do form a part of the statute and are considered to be of relevance and value in construing the text of the sections. I-Jowever, illustrations cannot have the effect of modifying the language of the section and can neither curtail nor expand the ambit of the section.

(g) Proviso
The normal function of a proviso is to except something out of the enactment or to qualify something stated in the enactment which would be within its purview if the proviso were not there. The effect of the proviso is to qualify the preceding enactment which is expressed in terms which are too general. As a general rule, a proviso is added
. to an enactment to qualify or create an exception to what is in the enactment: ordinarily a proviso is not interpreted as stating a general rule.

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