Extinguishment - Indian Laws - General

Extinguishment The word extinguishment is the kingpin of this expression. It is a word of ordinary usage having the widest import. Usually it connotes the end of a thing, precluding the existence of future life therein (see Black s Law Dictionary , fourth edition, page 696). It has been variously defined as meaning a complete wiping out, destruction, annihilation, termination, cancellation or extinction and it is ordinarily used in relation to right, title, interest, charge, debt, power, contract, or estate (see Corpus Juris Secundum , volume 35, page 294). In Rawson s Pocket Law Lexicon , the meaning assigned to it is : the destruction or cessation of a right either by satisfaction or by the acquisition of one which is greater . In Ramanlal Gulabchand Shah v. State of Gujarat AIR 1969 SC 168 at page 175, the word extinguishment , which is employed in conjunction with the expression of any such rights in article 31A of the Constitution, was interpreted as meaning complete termination of the rights . The word extinguishment is here used in a similar context, namely, in combination with the expression of any rights therein . This expression again has a wide ambit and coverage. CIT, GUJARAT II VERSUS VANIA SILK MILLS (P.) LTD. - 1976 (1) TMI 18 - GUJARAT HIGH COURT