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subtitle: Legal Notes by Arvind Datar: Same word, same section, different meaning

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Text: If a particular word is used in different parts of a statute, there is a presumption that the word is used in the same sense throughout. This was so held in Boghilal Pandya v. State of Bombay and followed in other cases as well. Lord MacDermott pointed out that this principle was to ensure an orderly and consistent use of language (Madras Electric Supply Corporation Ltd v. Boarland.

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Summary: But this presumption has been held to be a weak one and readily displaced by the context (Shamrao Vishnu Parulekar v. District Magistrate). As rightly pointed by Lord Scarman, it would be perilous to assume that an English word of ordinary usage is to express only one particular meaning (Infabrics Ltd v. Jaytex Ltd).

Title: “14. Property of a female Hindu to be her absolute property

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Quote: Indeed, every definition section starts with the words “unless the context otherwise requires”, which indicates that the given definition need not necessarily apply if it needs to be given a different meaning.

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Bigfact: While a word as defined will normally apply throughout the statute

Description: , this rule applies with greater force when the same word is used twice in the same section. But there is an interesting and rare exception where the word “acquired” is used in Section 14(1) and 14(2) of the Hindu Succession Act, 1956. It was held to have a different meaning in sub-section (1) from that in sub-section (2). For ready reference, the two sub-sections are reproduced below:

Blockquote: “14. Property of a female Hindu to be her absolute property

Hiran Venugopalan

Blurb: Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

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Question: Explanation: In this subsection, “property” includes……

Answer: “14. Property of a female Hindu to be her absolute property