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Report No. 60

6.24. Meaning of "instrument" in section 8.-

The expression "instrument" in the section has also given rise to a few interesting cases.

6.25. In a Bombay case,1 it was stated that the word "instrument", in its ordinary meaning means a document of a formal legal kind, which creates some right or liability. It is usually used in the sense of a document executed by or between the parties. An order of a Court cannot be said to be an instrument.2

In an earlier Bombay case,3 the High Court was not satisfied that an order of delegation can be deemed to be an "instrument" within the meaning of section 8; and it was conceded that it cannot be regarded as an enactment.

1. Bombay Chronicle v. V.B. Poldar, (1961) 63 Born LR 812 (814) (Chainani C.J., Chandrachud J.).

2. Jodrell v. Jodrell, 1869 LR 7 Eq 461 (463).

3. Emperor v. Rayangonda Kingangonda, AIR 1944 Born 259 (263): 46 Born LR 495.

General Clauses Act, 1897 Back

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