Expression “is” - Indian Laws - General

Expression is In P. Anand Gajapati Raju v. P.V.G Raju - 2000 (3) TMI 1068 - SUPREME COURT , in the context of the Arbitration and Conciliation Act, 1996, this court explained that is normally has present signification: the phrase which is the subject of an arbitration agreement does not, in the context, necessarily require that the agreement must be already in existence before the action is brought in the Court. The phrase also connotes an arbitration agreement being brought into existence while the action is pending. Blacks Law Dictionary has defined the word is as follows: This word, although normally referring to the present, often has a future meaning, but is not synonymous with shall have been. It may have, however, a past signification, as in the sense of has been. Again, in Vijay Kumar Prasad v. State of Bihar - 2004 (4) TMI 661 - SUPREME COURT, this court reiterated the same view, that is refers to the present: Although the expression normally refers to the present, often it has a future meaning. It may also have a past signification as in the sense of has been . (See F.S. Gandhi v. CWT [(1990) 3 SCC 624 : 1990 SCC (Tax) 364 : AIR 1991 SC 1866] .) The true intention has to be contextually culled out. From the above discussion, it is clear that the expression is has a present signification and it derives meaning from the context. AO CIRCLE (INTERNATIONAL TAXATION) NEW DELHI VS M/S NESTLE SA - 2023 (10) TMI 981 - SUPREME COURT