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Wednesday, May 5, 2010

Chapter-12 Contextual part-4.2

In Jagir Singh and Others Vs. State of Bihar and another, etc. etc.[1] it is stated:

"20. The general rule of construction is not only to look at the words but to look at the context, the collocation and the object of such words relating to such matter and interpret the meaning according to what would appear to be the meaning intended to be conveyed by the use of the words under the circumstances. Sometimes definition clauses create qualification by expressions like "unless the context otherwise requires"; or "unless the contrary intention appears"; or "if not inconsistent with the context or subject-matter". "Parliament would legislate to little purpose", said Lord Macnaghten in Netherseal Co. v. Bourne,[2] (1889) "if the objects of its care might supplement or undo the work of legislation by making a definition clause of their own. People cannot escape from the obligation of a statute by putting a private interpretation on its language." The courts will always examine the real nature of the transaction by which it is sought to evade the tax."



[1] Jagir Singh And Others Vs. State Of Bihar And Another, Etc. Etc., AIR 1976 SC 997]

[2] Macnaghten in Netherseal Co. v. Bourne, (1889) 14 AC 228

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