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Emperor vs P.U. Desouza on 13 January, 1920

26. It is true that 'land' as defined in the Code includes things attached to the earth; but where we have an inclusive definition of that sort, great care is required in applying it in interpreting the word wherever it occurs. The definition clause itself starts by saying "Unless there be something repugnant in the subject or context," Therefore, in the first place we have to see whether there is any repugnancy in applying the inclusive definition. But even in a case where it is not possible to say definitely that such repugnancy exists, it is a recognised principle of judicial in-terpretation that the inclusive meaning is not to be necessarily and indiscriminately applied to the word. " Where a term is interpreted in a statute as 'including' & c., the comprehensive sense is not to be taken as strictly defining what the meaning of the word must be under all circumstances, but merely as declaring what things may be comprehended within the term where the circumstances require that they should": Emperor v. DeSouza .
Allahabad High Court Cites 2 - Cited by 13 - Full Document
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