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Legal interpretation of the word "includes" and "means and includes" Judicial Analysis

The effect of such an inclusive definition vis-à-vis restrictive definition is well known. In Hamdard (Wakf) Laboratories v. Dy. Labour Commissioner and Ors. (2007) IIILLJ1 SC, the Court of Justice;

When an interpretation clause uses the word "comprise", at first sight is extensive. When using the word "means and includes", which provide a comprehensive explanation of the meaning that for the purposes of the Act, must invariably be attached to the word or expression.

Almost at the same regard is the decision of this Court in the PND Namboodripad (killed) by the RP. c. Union of India and Ors. AIR2007 SC1782, where the law is expressed as follows:

The word "comprise" has different meanings in different contexts. standard dictionaries to assign more than one meaning to the word "inclusion." Webster Dictionary defines the word "inclusion" as a synonym for "include" or "contain." Illustrated Oxford Dictionary defines the word "Inclusion" as: (i) comprise or counted in as part of a whole, (ii) treat or regard them as so included. Collins Dictionary of the English Language defines the word "includes" as: (i) have the content or part of the contents, consisting of or containing; (Ii) to add as part of another thing to put in as part of a whole group or category, (iii) to contain as an ingredient or minor child or item. It is certainly true that generally when the word "inclusion" is used in a definition clause is used as a word of enlargement, ie that the broad definition and not restrictive. But the word "comprise" is also used to connote a specific meaning ie, as "means and includes" or "comprises" or consists of "of."

On the cover of South Gujarat Manufacturers Association Tile and Anr. Vs.Respondents: The State of Gujarat and the NRA. (1976) 4SCC601

Although 'include' is generally used in interpretation clauses "As a word of enlargement, in some cases, the context might suggest that a different intention. The pottery is an expression of wide import, covering all objects made of clay and hardened by heat. Had it been the legislature's intention to include all possible entry ceramics, was very necessary to add an explanation. We found that the explanation could not have been introduced to extend the meaning of industrial ceramics or items therein added ex abundanti caution. It seems, then, that the legislature did not intend all that the pottery industry is being covered by the entrance. What may have the purpose of explanation? The explanation says that, for the purpose of entry 22 * pottery manufacturing industry includes nine articles Ceramic named therein. We believe that the word 'includes' is used here to mean 'media', this is the only construction that the word can have in context. In that sense, there is a word of extension, but the limitation, but is full of meaning to be given to the potteries industry for the purpose of entry 22. The use of the word "includes" in the narrow meaning is not unknown. The observation of Mr. Watson in Dilworth v. Commissioner Stamps (1899) AC105, which usually refers to the use of 'include' as an extension word is followed by these lines: "But the word 'Include' is susceptible of another construction, which may become necessary, if the context of the law is sufficient to show that he was employed solely to the purpose of adding to the natural significance of the words or expressions defined. It may be equivalent to saying "and include, and if you can afford an exhaustive explanation meaning that for the purposes of the Act, must always be connected to these words or expressions. "Therefore, the Court finds that the manufacture of roofing shingles Mangalore pattern is beyond the scope of entry 22.

In Bharat Coop. World Bank (Mumbai) Ltd. v. Coop. Bank Employees Union (2007) IILLJ825SC that was carried out;

… It is a truism that when the definition clause in any law the word "media" is used, what follows is intended to talk extensively. When the word "media" is used in the definition, to use the words of Lord Esher, MR Gough v. Gough is a "hard and fast" definition and no other meaning than that set in the definition can be assigned to them. (See also p. Kasilingam v. PSG College of Technology.: (1981) ILLJ358SC) Page 2301 On the other hand, when the word "comprise" is used in the definition, the legislature did not intend to restrict the definition: the definition does not exhaustive enumerative. That is, maintain the defined term its ordinary meaning, but its scope was expanded to include matters that, in its ordinary meaning may or may not understand. Therefore, the use of the word "means" followed by the word "comprise" in section 2 (bb) of ID Act is a sign of the legislative intent that the definition is exhaustive and cover only those banking companies fall under the definition and no other.

On Official Business Taxation, Udaipur Rajasthan Ltd. v. Taxchem: 2008 [12] STR660, which was carried out;

We have extracted the definition of raw materials in Section 2 (34) which specifically includes the fuel necessary for the purpose of manufacturing as a raw material. The word includes gives a broader meaning to the words or phrases in the statute. The word is used usually included in the interpretation clause in order to broaden the meaning of words in the statute. When the word is used in include the words or phrases must be construed not only understand things like that mean in terms of their nature and impact, but also those things that interpretation clause declares that include. There is no dispute in the case of diesel and lubricants that are used to generate electricity through the Directorate General states that it is true that used for the purpose of manufacturing yarn. Therefore, we see that the diesel is specifically and intentionally included in the definition raw material by the legislature, the question whether it is directly or indirectly to the manufacturing process is irrelevant as stated by Mr. Sushil Kumar Jain.

In Associated Indem Mechanical (P) Ltd. v. World Bank Small Industries Development Corporation Ltd. and Ors.: AIR2007 SC788, the Court of Justice;

As shown language, the definition of the word "local", as contained in Section 2 (c) of the Act is very comprehensive and does not just mean any building or hut or part of a building or a cabin and a seat on a site, separately, but also includes God has, gardens and outbuildings and or furniture or fixtures supplied accessories to be placed with the use of such tenant in the building, hut or seat in a room, as the case may be.

In Mahalakshmi mills against the State of Andhra Pradesh: 1988 (38) ELT714 SC (), under the provisions of Article 8 of the AP General Sales Tax Act, the "snuff" is defined as follows:

Snuff: any form of snuff, either cured or uncured and whether manufactured or not, and includes the leaf, stalks and stems the sole of the snuff, but does not include any part of a plant of snuff, while still connected to the earth.

It found that it consists of two separate parts specify what means of expression and also including, obviously, is intended to be exhaustive.

Treaty of Justice GP Singh entitled "Principles Legal Interpretation, "states:

… But the word "include" is susceptible of another construction, which can be essential, if the context of the law is sufficient to show that he was employed solely for the purpose of adding to the natural significance of the words or expressions used. May be equivalent a `mean and include" and in that case, may afford an exhaustive explanation of the meaning that for the purposes of the law must always be connected to these words or expressions. " Therefore, include the word may, in certain contexts be a word of limitation. trust the decisions of this Court in the City Council, against the State Raipur Madhya Pradesh: 1970CriLJ1656 South Gujarat Roofing Tile Manufacturers Association v. State of Gujarat [1977] 1SCR878, Hindustan Aluminum Corporation v. State of Uttar Pradesh: 1983 (13) ELT1656 (SC) and the Reserve Bank of India v. General Finance and Investment Peerless Co. Ltd. [1987] 2SCR1.

Reference to Carter v. Bradbeer (1975) 3 All ER 158, can be mentioned in the treaty. The House of Lords was concerned in them, with a case in which a word "bar" had more than one sense and in that context, it was said:

It may well be that the claims on behalf of the appellant sought to obtain from the interpretation section of a support measure that section does not give up. Under Section 201 (a) of the 1964 Act provides that in the Act unless the context otherwise requires, '"bar" includes any place exclusively or mainly for the sale and consumption of alcoholic beverages. It is important to note the word 'includes'. For the purposes of section 201, I think the word "includes as an indicator that the word 'bar' can refer and may include not only what we ordinarily and in the common language is spoken of as a bar and also a place (like a bar-room), which is exclusively or primarily for the sale and alcohol.

It was noted;

I do not feel the slightest doubt that someone asked if the sales took place in a bar without hesitation Yes responds Parliament must be taken to use the English language in common natural sense unless the context shows a contrary intention. If you do not intend contrary is proved, then one is led to the conclusion that Parliament under section 76 (5) the word "bar" to include counters as given in this case and to prohibit the use of such counters during the permitted hours replaced. Sometimes a room is called a bar, for example, a lounge-bar or a bar. This room, which was not disputed, is a bar under Section 76 (5). Normally, a lounge bar will count in it but drinks are provided Page 2303, but the meaning of Section 201 extends the concept of "bars" to include any place exclusively or mainly for the sale and consumption of alcoholic beverages. Thus, for the purposes of Section 76 (5), a place can be a bar even though it has not in any bar bar.

It should be noted that the definition Section 201 does not say 'bar' means anything, but "bar" includes something. This is appropriate, if you try to apply a word in a way that would not normally have, or to make clear that the word has a meaning that otherwise might occur on some questions.

Conclusion:

It is therefore evident that the word 'includes' can be used in interpretation clauses, whether in general, in order to broaden the meaning of any word or phrase occurring in the body of a statute, or standard in the normal sense, to mean 'understand' or 'is or means "and includes, depending the context. There may be some controversy regarding the principles of law to find that there are listed in the statute itself. Each question in each case has to be determined taking into account the purpose and the purpose for which it was enacted.

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