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Part-85-One Pager Snapshot to Cases on Interpretation of “Any”

Difference between “A Tenant” and “Any Tenant” and scope of “service of any description”..“Any child” reflects to single child or children..Relevance of context ..Snapshot covers Interpretation of “Any”..

S.No

Case

Held

1

Associated
Indem
Mechanical ...
vs West
Bengal Small
Scale (SC)

Provision Interpreted- Section 2(c) of West Bengal Government Premises (Tenancy Regulation) Act, 1976- "premises" means any building or hut and includes part of a
building or hut and a seat in a room, let separately, and also includes -(i) the gardens, grounds and out-houses, if any, appurtenant thereto,
(ii) any furniture supplied or any fittings or fixtures affixed for the use of the tenant in such building, hut or seat in a room, as the case may be;
Opening part of the definition of the word "premises" in Section 2(c) employs the word "any". Any is a word of very wide meaning and prime facie the use of it excludes
limitation. (See Angurbala Mullick v. Debabrata Mullick AIR 1951 SC 293 at 297). The definition of premises in Section 2(c) uses the word "includes" at two places. It is well settled
that the word "include" is generally used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the statute. Therefore, it was held
there is no warrant for restricting applicability of the Act to residential buildings alone on the ground that in opening part of definition of "premises", words "building or hut" were used.

2

Angurbala
Mullick v.
Debabrata
Mullick AIR
1951 SC 293

Provision Interpreted-Section 3(1) of Hindu Women's Rights to Property Act- When a Hindu governed by the Dayabhaga School of Hindu law dies intestate leaving any
property, and when a Hindu governed by any other school of Hindu law.. ....... dies intestate leaving separate property, his widow, or if there is more than one widow all his
widows together, shall, subject to the provisions of sub-section (3), be entitled in respect of property in respect of which he dies intestate to the same share as a son:
Section 3(1) speaks of "any property". The expression prima facie includes, unless something to the contrary can be spelt out from the other provisions of the Act, all forms
or types of interest answering to the description of "property" in law.

3

Lucknow
Development
Authority vs
M.K. Gupta
(SC)
1994 AIR 787

Provision Interpreted-Section 2(1)(o) of Consumer Protection Act- "service' means service of any description which is made available to potential users and includes the
provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing
construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge…;"
The word 'any' dictionary means 'one or some or all'. In Black's Law Dictionary it is explained thus, "word, ‘any' has a diversity of meaning and may be employed to indicate
'all' or ,every' as well as 'some' or 'one' and its meaning in a given statute depends upon the context and the subject- matter of the statute". The use of the word ‘any' in the
context it has been used in clause (o) indicates that it has been used in wider sense extending from one to all.

4

Shri
Balaganesan
Metals vs Shri
M.N.
Shanmugham
Chetty & Ors
on 23 April,
1987 (SC)

Provision Interpreted- Section 10(3)(c) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960- A landlord who is occupying only a part of a building, whether residential
or non-residential, may, notwithstanding anything contained in clause (a), apply to the Controller for an order directing any tenant occupying the whole or any portion of
the remaining part of the building to put the landlord in possession thereof, it he requires additional accommodation for residential purposes or for purposes of a business...
In construing Section 10(3)(c) it is pertinent to note that the words used are "any tenant" and not "a tenant" who can be called upon to vacate the portion in his occupation. The word
"any" has the following meaning:- "Some; one out of many; an indefinite number. One indiscriminately of whatever kind or quantity." Word "any" has a diversity of meaning
and may be employed to indicate "all" or "every" as well as "some" or "one" and its meaning in a given statute depends upon the context and the subject matter of the statute. It is often
synonymous with "either", "every" or "all". Its generality may be restricted by context; (Black's Law Dictionary; Fifth Edition). Unless the legislature had intended that both classes
of tenants can be asked to vacate by the Rent Controller for providing the landlord additional accommodation be it for residential or non-residential purposes. it would not
have used the word "any" instead of using the letter "a" to denote a tenant.

5

Shanti And
Ors. vs
Bhagwani And
Ors (P & H)
AIR 1984 P H
313

Provision Interpreted-Section 109 of The Indian Succession Act, 1925—Where a bequest has been made to any child or other lineal descendant of the testator, and the
legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect as if the death of the
legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will.
The question before the Court was whether the words 'any child' used is Section 109 of the Indian Succession Act, 1925 means "one child only" or it can mean "children"
also, as the case may be, is the main point involved in this second appeal. The Court held that it appears that the worm 'any child' includes plural also Section 109 of the Act was
specifically framed, whenever will was in favour of a child or children of the testator or in favour of other lineal descendant or descendants oil the testator.

6

Pashupati
Nath Sinha vs
State Of Bihar
1978 (26)
BLJR 849
(Pat)

Provision Interpreted- Section 13(1) in The Code Of Criminal Procedure, 1973-The High Court may, if requested by the Central or State Government so to do, confer upon
any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1 of the
first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area.
It was contended that High Court could appoint Special Magistrates and clothe them with all or any of the powers conferrable on a Judicial Magistrate of the Second Class in respect to
particular classes of cases or to cases generally within a district and not for the whole State and the expression "in any district" must be read as limiting the jurisdiction of the Magistrates
to be vested with said powers. It was held there was no justification for giving the word 'any' a narrow interpretation to construe that Special Magistrate could be appointed
only for one district as it would frustrate object of Act which empowers High Court to appoint Special Magistrate for particular classes of cases or to cases generally