Definition clause

Means, means & includes

Hamdard Laboratories v. Deputy labour comm. 2008

The use of the word indicates an intention to enlarge the means of the word used in
the statute, whereas the use of the word “denotes” in the interpretation clause shows
that the expression denoted therein are covered within the ambit pf that particular
word. And the expression “deemed to be” in the interpretation clause creates a
fiction.

Ardeshir v. Bombay State, 1962

Factories act, 1948, Sec 6 which made the requirement of the licence mandatory for
the factory owner. Mr. A said he is not included in the definition of the fac because
there was no particular infrastructure and it was just a temporary structure.
Court interpreted the def clause which defined factory.
Sec 2(m) included the word ‘means’ and also included Precincts .
It will include the interpretation of “STATE” and all the cases in that
RD SHETTY CASE,

Mahalakshmi Oil Mills v. State of Andra Pradesh.

PROVISO
Sundaram v. V.R. Pattabhiraman, 1984.
The SC observed that a proviso may have 3 separate functions normally it is meant to
be an exception to something within the main enactment or to qualify something
enacted therein which but for the proviso would be within the preview of the
enactment. A proviso can’t be separated from the main enactment nor can it be used
to nullify the real object of the statute. While interpreting the proviso care must be
taken that it is used to remove special cases from the general enactment and provide
from them separately.
To sum proviso may serve 4 diff purposes
1. Creating exception to certain provision from the main enactment
2. It may entirely change the concept of the intention of the enactment by
insisting on certain mandatory conditions to be fulfilled in order to make the
enactment workable.
3. It may be so embedded in the act itself that it acquires the colour of the
substantive enactment itself.
4. It may be used merely to act as an optional addition to the enactment with the
sole object of explaining the real intention of the statutory provision.