Doctrine of ejusdem generis. Ejusdem Generis: 2019-01-15

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ejusdem generis

doctrine of ejusdem generis

This is a rule of language employed by the courts when a situation arises that may not have been foreseen when the statute was being drafted. State of Bombay the petitioner, the widow of a tenant of a certain premises, was not residing in it at the time. The appellant argued that the order did not apply to its product Rooh Afza even though it contained fruit juices because clause 2 d v of the Order includes squashes, crushes, cordials, barley water, barrelled juice and ready-to-serve beverages or any other beverages containing fruit juices or fruit pulp and that the expression any other beverages containing fruit juices or fruit pulp should be construed Ejusdem Generis. To put in a slightly different language, where general and special words, which are capable of analogous meaning are associated together, they take colour from each other and the general words are restrained and limited to a sense analogous to the less general. But, Justice Bhagwati felt that this concept did not suit Article 15 2 of the constitution and thus there was a need to domesticate this concept and mold it as per Indian needs. Hence, when a word is ambiguous the appellate authority or a judge looks at the rest of the document to determine the meaning.

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Ejusdem generis legal definition of Ejusdem generis

doctrine of ejusdem generis

If the subjects of enumeration belong to a broad-based genus, as also to a narrower genus there is no principle that the general words should be confined to a narrower genus. The sub-section provided that the State Government may requisition for the purpose of a State or any other public purpose. There is a major fault line with this concept. This rule which normally envisages words of general nature following specific and particular words to be construed as limited to things which are of the same nature as those specified, also requires to be applied with great caution and not pushed too far so as to unduly or unnecessarily limit general and specific words to dwarf size. Get Word of the Day daily email! Because Congress did not specifically enumerate H-1B visa extensions in the legislative history does not render the plain language of section 1252 a 2 B ii inoperative with respect to discretionary denials of H-1B extensions. Terms Related to the Moving Wall Fixed walls: Journals with no new volumes being added to the archive.

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Construction Ejusdem Generis

doctrine of ejusdem generis

Activation link is also sent on your email id. Ali Gulshan, the question was whether the appellant was entitled under Section 6 4 a of the Bombay Land Requisition Act, 1948, to requisition, as for a public purpose, premises for housing a member of a foreign consulate. This contrasts with other federal jurisdictions, notably the and , where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal , the states will have authority over the relevant matter in their respective jurisdictions, unless the state's definitions of their statutes conflicts with federally established or recognized rights. Ejusdem generis is a rule of construction. City of Dubuque, 690 N. Ali Gulshan, the interpretation of Section 6 4 a of the Bombay Land Requisition Act, 1948 which said: 'State Government may requisition for the purpose of State or any other public purpose , was' involved. The catchall phrase would refer to things similar in character to the other items in the list.


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Ejusdem Generis: A Case Study

doctrine of ejusdem generis

Supreme Court and many U. Conclusion : It was stated by Lord Campbell in R. . Thus, if specific items are listed, plus a general term for example, houses, offices, rooms or other places , the general term of other places will include things only of the same class as the specific list, in this case indoor places. Specific words which precede general words not controlled by the latter which follows the former The principle underlying this approach to statutory construction Is that subsequent general words were only to guard against some accidental omission in the objects of the kind, mentioned earlier and were not intended to extend to objects of a wholly different kind.

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Definition of State under the Indian Constitution

doctrine of ejusdem generis

In fact, there are several conditions that have been identified for the doctrine to apply, but none more important than the identification of the class. If the general words are given their full and natural meaning, that is, the meaning they would receive in the abstract, they would include the objects designed by the specific words, making the latter superfluous. In its counter affidavit the second respondent denied with the fact that petitioner union represented his workmen. Comments on ejusdem generis rule. The rule is used to interpret otherwise unclear statutes, and estate documents such as or. What made you want to look up ejusdem generis rule? He has handled trial and appellate litigation in state and federal courts since 1987. It aims to further understand if the present definition is good enough or if further expansion is needed if such expansion will lead to a boom in the number of cases being filed.

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What is the difference between ejusdem generis and noscitur a sociis in law?

doctrine of ejusdem generis

State of Madras, it was observed: The rule of Ejusdem Generis is that when general words follow particular and specific words of the same nature, the general words must be confined to the things of the same kind as those specified. Role of Ejusdem Generis in interpretation of statutes The doctrine is an attempt to reconcile a incompatibility between specific and general words in view of other rules of construction that all words in a statute are to be given effect, if possible; that parts of a state are to be construed together; and that the legislature is presumed not to have used superfluous words. The modern common law perception that courts actually make law is very different. See, for example, , or Coco v The Queen. It is for application in the construction of statutes. This court is very hesitant to interpret a legislative act in a manner contrary to its express language, unless it is clear that a drafting error or omission has circumvented legislative intent. And one of them viz.

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Ejusdem Generis:

doctrine of ejusdem generis

General words, even when they follow specific words, should ordinarily be taken in their general sense, unless a more reasonable interpretation requires them to be used in a sense limited to things Ejusdem Generis with those specifically mentioned. However, some recent federal court decisions have held that the provision limits judicial review of immigration decisions affecting aliens who are not being removed, but are merely seeking to live and work lawfully in the U. This is a critical area when it comes to defining the state as it deals with a broad horizon and courts often have to strike a very delicate balance while deciding this serious aspect about defining states. Ejusdem Generis Rule Legal Definition Merriam-Webster. It was contended that Section 59 1 xi is unconstitutional in that the legislature had completely abdicated its-functions and delegated the power to the municipality to determine the nature of the tax to be imposed. But where the context and the object and mischief of the enactment do not require such restricted meaning be attached to words of general import, it becomes the duty of the courts to give those words their plain and ordinary meaning.

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ejusdem generis

doctrine of ejusdem generis

In jurisdictions, the may apply rules of statutory interpretation both to legislation enacted by the and to such as administrative agency. The logic behind this idea is that in cases where the extent of State aid, control and regulation involved in a private activity is so great so as to term it as State action. Section 242 a provides that exclusive jurisdiction to review final orders of removal remains in the circuit courts of appeal. Normally, general words should be given their natural meaning like all other words unless the context requires otherwise. It is thought that nowadays it would be unusual for the scope of general sweeper up words to be cut down under the ejusdem generis rule. Critics argue that a judge always has a choice between competing canons that lead to different results, so judicial discretion is only hidden through the use of canons, not reduced.

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