Saturday, 9 May 2020

Supreme court: In certain circumstance definition of a word in one statute can not be imported in the other statute

The contention of the Respondent is that the term "University" needs to be read in accordance with the UGC Act, wherein only those Universities covered under the Section 2(f) of the UGC Act are covered under the PC Act. Such an interpretation, by importing the technical definition under a different Act may not be feasible herein. It is a settled law that technical definitions under one statute should not be imported to another statute which is not in pari materia with the first. The UGC Act and the PC Act are enactments which are completely distinct in their purpose, operation and object. The preamble of the UGC Act states that it is 'an Act to make provision for the co-ordination and determination of standards in Universities, and for that purpose, to establish a University Grants Commission'. On the other hand, the PC Act is an enactment meant to curb the social evil of corruption in the country. As such, the extension of technical definitions used under one Act to the other might not be appropriate, as the two Acts are not in pari materia with one another.

33. This brings us to the conclusion that purport of UGC Act cannot be borrowed under the PC Act, and that an independent meaning needs to be provided for the term "University" as occurring under the PC Act.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 989 of 2018

Decided On: 27.04.2020

 State of Gujarat  Vs.  Mansukhbhai Kanjibhai Shah

Hon'ble Judges/Coram:
N.V. Ramana, Mohan M. Shantanagoudar and Ajay Rastogi, JJ.

Citation: MANU/SC/0417/2020


Authored By : N.V. Ramana, Ajay Rastogi

Read full judgment here: click here
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