Words "that is to say" - Indian Laws - General

Effect of the use of words that is to say In Stroud s Judicial Dictionary, 4th Edn., Vol. 5, at page 2753, we find: That is to say.-(1) That is to say is the commencement of an ancillary clause which explains the meaning of the principal clause. It has the following properties: (1) it must not be contrary to the principal clause; (2) it must neither increase nor diminish it (3) but where the principal clause is general in terms it may restrict it see this explained with many examples, Stukeley v. Butler, Hob. 171. The quotation, given above, from Stroud s Judicial Dictionary shows that, Ordinarily, the expression that is to say is employed to make clear and fix the meaning of what is to be explained or defined. Such words are not used, as a rule, to amplify a meaning while removing a possible doubt for which purpose the word includes is generally employed. In unusual cases, depending upon the context of the words that is to say , this expression may be followed by illustrative instances. In Megh Raj v. Allah Rakhia A.I.R. 1947 P.C. 72., the words that is to say , with reference to a general category land were held to introduce, the most general concept when followed, inter alia, by the words right in or over land . We think that the precise meaning of the words that is to say must vary with the context. Where, as in Megh Raj s case A.I.R. 1947 P.C. 72., the amplitude of legislative power to enact provisions with regard to land and rights over it was meant to be indicated, the expression was given a wide scope because it came after the word land and then followed rights over land as an explanation of land . STATE OF TAMIL NADU VERSUS PYARE LAL MALHOTRA - 1976 (1) TMI 151 - SUPREME COURT