means and includes
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9828 OF 2013
D.A.V. COLLEGE TRUST AND
MANAGEMENT SOCIETY & ORS. …APPELLANT(S)
VERSUS
DIRECTOR OF PUBLIC
INSTRUCTIONS & ORS. …RESPONDENT(S)
With
CIVIL APPEAL NOS. 98449845 OF 2013
CIVIL APPEAL NOS. 98469857 OF 2013
CIVIL APPEAL NO. 9860 OF 2013
8. It is a well settled statutory rule of interpretation that when in
the definition clause a meaning is given to certain words then that
meaning alone will have to be given to those words. However, when
the definition clause contains the words ‘means and includes’ then
both these words must be given the emphasis required and one word
cannot override the other.
9. In P. Kasilingam v. P.S.G. College of Technology & Ors.2
this Court was dealing with the expression ‘means and includes’,
wherein Justice S.C. Agrawal observed as follows:
“19. …A particular expression is often defined by the Legislature by
using the word ‘means’ or the word ‘includes’. Sometimes the words
‘means and includes’ are used. The use of the word ‘means’ indicates
that “definition is a hardandfast definition, and no other meaning
can be assigned to the expression than is put down in definition”.
(See : Gough v. Gough; Punjab Land Development and Reclamation
Corpn. Ltd. v. Presiding Officer, Labour Court.) The word ‘includes’
when used, enlarges the meaning of the expression defined so as to
comprehend not only such things as they signify according to their
natural import but also those things which the clause declares that
they shall include. The words “means and includes”, on the other
hand, indicate “an exhaustive explanation of the meaning which, for
the purposes of the Act, must invariably be attached to these words
or expressions”. (See : Dilworth v. Commissioner of Stamps (Lord
Watson); Mahalakshmi Oil Mills v. State of A.P. The use of the words
“means and includes” in Rule 2(b) would, therefore, suggest that the
definition of ‘college’ is intended to be exhaustive and not extensive
and would cover only the educational institutions falling in the
categories specified in Rule 2(b) and other educational institutions
are not comprehended. Insofar as engineering colleges are concerned,
their exclusion may be for the reason that the opening and running
of the private engineering colleges are controlled through the Board
of Technical Education and Training and the Director of Technical
Education in accordance with the directions issued by the AICTE
from time to time…”
This judgment was followed in Bharat Coop. Bank (Mumbai) Ltd. v.
Coop. Bank Employees Union3
and Delhi Development Authority
v. Bhola Nath Sharma (Dead) by L.Rs. and Ors.
10. It is thus clear that the word ‘means’ indicates that the
definition is exhaustive and complete. It is a hard and fast definition
and no other meaning can be given to it. On the other hand, the
word ‘includes’ enlarges the scope of the expression. The word
‘includes’ is used to signify that beyond the meaning given in the
definition clause, other matters may be included keeping in view the
nature of the language and object of the provision. In P.
Kasilingam’s case (supra) the words ‘means and includes’ has been
used but in the present case the word ‘means’ has been used in the
first part of subsection (h) of Section 2 whereas the word ‘includes’
has been used in the second part of the said Section. They have not
been used together