Specific - Indian Laws - General

Meaning of word specific In Murray s Oxford Dictionary as- precise or exact in respect of fulfilment, conditions or terms; definite, explicit . In a similar situation, the same words fell for decision in the Allahabad case where Braund, J., 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. I think first, that they must denote something different from the words express provision . 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. Failing this, it could hardly be said to be express .... But the word specific denotes, to my mind, something less exacting than the word express . It means, I think, a provision which specifies that some special law is to be affected by that particular provision. 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 or explicitly; to set down or state categorically or particularly.... and a meaning of the adjective specific in the same dictionary is precise ... definite, explicit ... exactly named or indicated, or capable of being so, precise, particular . In an English case [Re Net Book Agreement, 1957, (1962) 3 All ER 751 (RPC)] Buckley, J., has interpreted the word specific to mean explicit and definable. 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. 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 . [Fowler s Modern English Usage, 2nd Edn., p. 574] Stroud [Stroud s Judicial Dictionary Vol. 4, 3rd Edn., p. 2836] says specifically ... means as such . Black [Blacks Law Dictionary 4th Edn., p. 1571] gives among other things, the following meaning for specific : definite, explicit; of an exact or particular nature ... particular; precise. While legalese and English are sometimes enemies we have to go by judicialese which is the draftsman s lexical guide. Reference - PANKAJAKSHI VERSUS CHANDRIKA- 2016 (2) TMI 1063 - SUPREME COURT