The rule of ejusdem generis is merely a tool of statutory construction which is resorted to when the legislative intent is uncertain. Add or delete text, mark sentences, upload images and many more pdf editor features. Rule 161 of the cer, 2002, deals with the situations, wherein, the duty paid. Application of the doctrine of ejusdem generis to section. Business law and ethics assignment help, ejusdem generis rule, ejusdem generis rule. Where a law lists specific classes of persons or things and then refers to them in. The rule results that where general words follow enumerations of particular classes or persons or things, the general words shall be construed. We use cookies to give you the best possible experience on our website. Definition and synonyms of ejusdem generis rule from the online english dictionary from macmillan education this is the british english pronunciation of ejusdem generis rule view american english.
Ejusdem generis legal definition merriamwebster law. Ejusdem generis project statutory interpretation common law. Eiusdem generis ehyousedem generous ejusdem generis record the pronunciation of this word in your own voice and play it to listen to how you have pronounced it. Use the tools from the pdf editor to modify your pdf.
The specific character and description of the service. Sutherland in his statutory construction 3rd edition, vol. You can drag with your mouse to move it, drag on the. Serving as a singlevolume introduction to the field as a whole, the. When a law lists lists classes of persons or things, this concept is used to clarify such a list. There appears to be no contra legislative intent and 4. For example, if a law refers to automobiles, trucks, tractors.
The rule of construction that where general words are used in a contract after. You will note that the phrase or other precedes the word insignia, both of which follow the enumerated items badges and identification cards. Sejda pdf editor is one of the very few pdf editors that actually lets you edit preexisting text in the pdf without adding a watermark. A rule used in statutory interpretation that presumes that a general term following a list of specific terms will be limited to the more specific term in other. The familiar rule of construction expressed in the maxim ejusdem generis was laid down by lord tenderden in the case of sandiman v. Other animals or other thing are meaningless by themselves but can be. Pdf download for the application of the ejusdem generis, open epub for. Where general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. Its canons of constructionnoscitur a sociis, ejusdem generis.
From the editorinchief aiftpj 641 15111915 4122014 president of aiftp and editorial board of the journal records with heavy heart the passing away of eminent jurist, justice shri v. It refers to word pertaining to a category or class of thing. Learn how to edit pdf files using adobe acrobat dc and change text and images quickly and easily in pdf documents. Make text bold or italic, change font size, font family and text color. In statutory construction, the ejusdem generis rule is that where general words follow an enumeration of persons or things, by words of a particular and specific. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Latin for of the same kind, used to interpret loosely written statutes. Definition ejusdem generis is latin for of the same kind.
The second disfavored rule of interpretation is known by the latin name. There exists a class of the same kind, whereby, its a class of construction service providers, 2. The application of the ejusdem generis rule in the interpretation of criminal. Where general words follow an enumeration of two or more things, they apply only to persons or things of the same general kind or class. The supreme court in maharashtra university of health and others v. Such class constitutes a genus, whereby, there is a massive usage of materials, in the provision of service, 3. Pdf principles of public international law download. Ejusdem generis res judicata, locus standi, res integra. The ejusdem generis rule of language is part of the contextual approach. Now let us apply the tests of ejusdem generis to the present case. Therefore this rule states whereas simple words in an act obeyed particular words, the general words are to be made. The latest of judge posners claims of inaccuracy in reading law, by bryan garner and antonin scalia, focuses on justice holmess decision for the court in mcboyle v. Ejusdem generis legal definition of ejusdem generis. Select an image from your computer and then add it to the pdf page.
The online pdf editor offers numerous tools for editing pdfs, e. Download brownlies principles of public international law has been shaping the study and application of international law for over 50 years. Where general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects. The ejusdem generis or eiusdem generis, latin for of the same kind rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear. Statutory interpretation is the process by which courts interpret and apply legislation. Courts use ejusdem generis in conjunction with common sense and legislative history to discern the legislatures intent in writing a statute.
While interpretation or construction of a statute the first thing which is done by the court. In other words, we apply the ejusdem generis canon to determine the meaning of a catchall phrase by looking to the common elements among the specific. Application of the doctrine of ejusdem generis to section 364 ipc. The rule is that where particular words have a common characteristic i. Ejusdem generis law and legal definition uslegal, inc. Ejusdem generis rule legal definition merriamwebster.
When good enough is not good enough university of michigan. We can resize the photo with the help of adobe photoshop editing service. Some amount of interpretation is often necessary when a case involves a statute. The ejusdem generis or eiusdem generis, latin for of the same kind rule applies to resolve the.
Suppose a lease prohibits dogs, cats, and other pets. Open the online pdf editor with safari or your other favourite browser. Online pdf converter edit, rotate and compress pdf files. The term ejusdem generis in other words means words of a similar class. A tenant who knows law might argue that a python can slither around the. Please tell us where you read or heard it including the quote, if possible. For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other motorpowered vehicles, a court might use ejusdem generis to hold that such vehicles would not include airplanes, because the list included only land.
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