The petitioner filed a divorce petition u/s. 13 of the Hindu Marriage Act, 1955 before the Family Court. In that application, the petitioner alleged that Respondent No. 2 – wife caused mental cruelty to him by different means.

The Court was concerned with the following question – What is the meaning of the expression “in particular, and without prejudice to the generality” appearing in section 14(ii) of the Industrial Infrastructure Development Corporation Act, 1980 (the Act)?

Section 14(i) of the Act deals with functions of the Corporation. It provides that the functions of the Corporation shall be generally to promote and assist in the rapid and orderly establishment, growth and development of industries, trade and commerce in the State. Section 14(ii) starts with “in particular, and without prejudice to the generality of Clause (i)”. Thereafter, it provides various particular purposes for which acquisition can be made.

In Shiv Kirpal Singh vs. Shri V. V. Giri, AIR 1970 SC 2097, the Supreme Court relying on the decision of the Privy Council in the case of King Emperor vs. Sibnath Banerji, AIR 1945 PC 156 held that when the expression “without prejudice to the generality of the provisions” is used, anything contained in the provisions following the said expression is not intended to cut down the generality of the meaning of the preceding provision.

Thus, the Court concluded that sub-section (i) of section 14 of the Act is independent and is couched in broad terms. The same cannot be in any manner whittled down by the language of sub-section (ii) of section 14 of the Act.