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But this is I think sufficient to Advocates [get more info] show that, while requiring something less than what is ˜express, they nevertheless require something which is plain, certain and intelligible and not merely a matter of inference or implication to be drawn from the statute generally. The plaintiff made an offer of a fresh lease for a further period of five years at an annual rent of rupees Advocates (check over here) two lakhs. That was the cause of action for the plaintiff to institute the present suit on March 9, 1953. A dictionary meaning of the verb ˜to specify as given in Murray's New English Dictionary, is ˜to mention, speak of or name (something) definitely Advocates [get more info] or Advocates (get more info) explicitly; to set down or state categorically or particularly.

In an English case [ Re Net Book Agreement, 1957, (1962) 3 All ER 751 (RPC)] Buckley, J. The setting in which the issue was raised was precisely similar and the meaning of specific provision to the contrary was considered by Young, C. That, to my mind, is what is meant by the word ˜specific in Section 1(2) CPC. The plaintiff's case in the plaint is that the tenancy in favour of the plaintiff still subsisted and had not been terminated in accordance with law. For a provision of a statute to be an ˜express provision affecting another statute or part of it, it would have, I think, to refer in so many words to the other statute or to the relevant portion of it and also to the effect intended to be produced on it.

The Trust got an advertisement inserted in the Hindustan Times, New Delhi, dated March 5, 1953, inviting tenders for the lease of the market for a period of three years from April 1, 1953. It means, I think, a provision which ˜specifies that some ˜special law is to be ˜affected by that particular provision. I think first, that they must denote something different from the words ˜express provision. We have also heard Mr.

Failing this, it could hardly be said to be ˜express . Black [ Blacks Law Dictionary 4th Edn. D-12) aoreed only to extend the period by two years " on the existing conditions, subject to enhancement of rent to Rs. @ Special Leave Petition (Civil) Nos. It would, no doubt, be possible to multiply illustrations of analogous uses of the words ˜specify and ˜specific. Vinoo Bhagat, the learned counsel appearing on behalf of the Math in the C.

Lord Hatherley in (1898) 3 AC 933 at p. The plaintiff's prayer in the plaint is that a decree for a permanent injunction may be passed in favour of the plaintiff restraining the defendant from evicting the plaintiff from the market. " The plaintiff's case in the plaint is that these onerous terms successively enhancing the rent to Rs. 545 of 2015 under Section 408 CrPC before the Principal Sessions Judge, Kheda for transfer of the sessions case to any other court in the same Sessions Division.

As has been stated earlier, the High Court had unsettled the said view and we have no hesitation to say correctly so. But the word ˜specific denotes, to my mind, something less exacting than the word ˜express. exactly named or indicated, or capable of being so, precise, particular. of the Control Act, for fixation of standard rent in respect of the market. What I think the words ˜specific provision really mean therefore is that the particular provision of the Criminal Procedure Code must, in order to ˜affect the ˜special law, clearly indicate, in itself and not merely by implication to be drawn from the statute generally, that the 'special law' in question is to be affected without necessarily referring to that ˜special law or the effect on it intended to be produced in express terms.

, has interpreted the word ˜specific to mean explicit and definable. 1571] gives among other things, the following meaning for specific: definite, explicit; of an exact or particular nature . 2836] says specifically . The learned Principal Sessions Judge while rejecting the application had observed that once the trial commenced, he had no jurisdiction to transfer the case in exercise of the power under Section 408 CrPC. The learned Principal Sessions Judges called for the remarks of the concerned Presiding Officer and, after taking into consideration the remarks and adverting to the position of law, rejected the application.

, in the Lahore case where the learned Judge observed: [AIR 1940 Lah 129, 133] The word ˜specific is defined in Murray's Oxford Dictionary as ˜precise or exact in respect of fulfilment, conditions or terms; definite, explicit. and a meaning of the adjective ˜specific in the same dictionary is ˜precise . , discussed the meaning of specific provision in greater detail and observed: [AIR 1940 All 263, 269] I have, I confess, entertained some doubt as to what exactly the words 'specific provision' mean.

We have heard the learned senior counsel for both the parties. The plaintiff has been paying the enhanced rent of Rs. Lakshmi, learned counsel appearing on behalf of the Math in C. 574] Stroud [ Stroud's Judicial Dictionary Vol 4, 3rd Edn. While legalese and English are sometimes enemies we have to go by judicialese which is the draftsman's lexical guide. Fowler regards this word related to the central notion of species as distinguished from genus and says that it is often resorted to by those who have no clear idea of their meaning but hold it to diffuse an air of educated precision.

2 lakhs per year in view of the resolution aforesaid of the Trust but has all the same started proceedings under s. While Indian usage of English words often loses the Atlantic flavour and Indian Judges owe their fidelity to Indian meaning of foreign words and phrases, here East and West meet, and specific is specific enough to avoid being vague and general. But the Trust by its resolution dated May 25, 1950, (Ex. 938 [Thomas Challoner v.

9167-9168 of 2010 and Ms. [ Fowler's Modern English Usage, 2nd Edn. Henry WF Bolikow, (1878) 3 AC 933] has defined the word ˜specific in common parlance of language as meaning ˜distinct from general. In a similar situation, the same words fell for decision in the Allahabad case where Braund, J. It appears that during the pendency of the second lease aforesaid, negotiations had started between the parties for extension of the period of the lease.

2 lakhs per year were agreed to by it as it had no other alternative in view of the plaintiff's need.