Interpretation of Statutes

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Priti Jain (Querist)

18 May 2009 What is the definition of the terms 'Means' & 'Includes' as per the Interpretation of Statutes? What is the diffrence in both?

Ankur Garg

Ankur Garg (Expert)

19 May 2009 When a word is defined to mean something, the definition is prima facie restrictive and exhaustive and the meaning of such word must be restricted to the meaning given in the definitional clause.

When an expression is defined to include something, the definition is prima facie extensive and its meaning can also include something else in addition to the meaning assigned to it in the definitional clause.

Regards

Priti Jain

Priti Jain (Querist)

19 May 2009 Thank you so much for the reply.

Here is one more query related to the same.

Can we use both the words i.e. 'mean' & 'include' simultaneously while defining a single word?

Ankur Garg

Ankur Garg (Expert)

19 May 2009 Hi Priti,

Yes, we can 100% use both the words i.e. 'mean' & 'include' simultaneously while defining a single word. This is legally possible.

Please go through the definition of word “Service” given in Section 2(1)(o) of Consumer Protection Act, 1986. In this definition you can see the use of both the words i.e. 'mean' & 'include' simultaneously.

(o) "service" means service of any description which is made avail¬able to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;

Best Regards

Priti Jain

Priti Jain (Querist)

19 May 2009 Thank you so much for the reply

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