Vs.

Judges:

Date of Judgment: Feb 28, 2000

CO-OPERATIVE SOCIETY LAW
Maharashtra Co-operative Societies Act, 1960
Section 161 with Indian Penal Code, 1860 – Section 21 – ‘Public servant’ and ‘deemed’ public servant – Distinction – Chairman and members of managing committee of society – If public servants for purposes of offences under the Indian Penal Code and can be prosecuted for offences under Indian Penal Code. Held that the two statutes are not pari-materia. Hence, the members cannot be prosecuted for offences under the Indian Penal Code or under Prevention of Corruption Act. High Court judgement upheld. (Para 6)

INTERPRETATION OF STATUTES LAW

Maharashtra Co-operative Societies Act, 1960

Section 161 – Interpretation – Deeming provision – Rule of construction – Can the fiction be extended to cover another Act. Held that in interpreting the provision containing fiction, it cannot be extended to cover another Act or statute.

It is a well known principle of construction that in interpreting a provision creating a legal fiction, the Court is to ascertain for what purpose the fiction is created, and after ascertaining this, the Court is to assume all those facts and consequences which are incidental or inevitable corollaries to giving effect to the fiction. But in so construing the fiction it is not to be ex-tended beyond the purpose for which it is created, or beyond the language of the Section by which it is created. A legal fiction in terms enacted for the purposes of one Act is normally re-stricted to that Act and cannot be extended to cover another Act. (Para 6)