460831999-Doctrine-of-Noscitur-a-Sociis.pptx

Doctrine of noscutur a socii

1. Doctrine of Noscitur a Sociis By Prof. (Dr.) S. P. Srivastava Department of Law and Governance Central University of South Bihar

2. It is a latin word. Its english is that the meaning of a word shall be known from acco mpanying words. A word in a statute shall be interpreted in the context of its surrounding words. To construe words in immediate connection with two more associated words, you must infer meaning in reference to each other. (M.K. Rangnathan v. Govt. of Madras, AIR 1955 SC604) Meaning and Concept

3. Meaning of an unclear or ambiguous word should be determined by considering the words which it is associated in the context. It is also used for interpreting a questionable words. The questionable words meaning can be derived from its association with other words within the context of phrase. Scope of the Doctrine

4. 3. When two or more words susceptible of analogous meaning are coupled togather , they are understood to be used in their cognate Sense. 4. The words take their colour from and are quantified by each other. The meaning of general words being restricted to a sense analogous to that of the less general. Continued:

5. 5. Whole clear provision in a statute gets a quite different meaning while viewed in the light of the context. Coupling of word together shows that they are to be understood in the same sense and where the meaning of a particular word is doubtful or obscure or where a particular expression when taken is inoperative is to be ascertained by adjoining words or at expression occurring at other parts of the same instruments. Continued:

6. Whole Term Cannon- The text must be construed as a whole. Presumption of consistent usage- A word or phrase is presumed to bear the same meaning throughout the statute. Surplusage Canon- If possible, every word and every provision is to be given effect. ( Verba cum effects sunt accipienda0. None should be ignored. Contextual Cannons of Construction

7. 4. Harmonious Reading Canon: The provisions of a text should be interpreted in a way that renders them compatible not contradictory. 5. General/ Specific canon: If there is a conflict between a general provision and specific provision, the specific provision shall prevail. 6. Irreconcilability Canon: If a text contains a truly irreconcilable provisions at the same level of generality and they have been simultanously adopted neither provison should be given effect thereto. Continued:

8. 7. Predicate-Act Canon: Authorization of an act also authorizes a necessary predicate act. 8. Distributive Phrasing canon: each expression should be read to its appropriate referent. 9. Prefatory materials canon: A preamble, object clause, or recital is a permissible indicator of meaning. 10. Title and Headings Canon: are permissible indicators 11. Interpretative Direction Canon: Interpretation clause are to be carefully followed. Continued:

9. Commissioner of Income Tax v. Bharti Cellelar , (2014) 6SCC401. Held: The term ‘technical services’ used in section 194J of the Income Tax Act is unclear. The word technical would take colour from the words managerial and consultancy between which it is sandwiched. Leading Cases:

10. Pradip Agarbatti v. State of Punjab Held: The apex court held that the word ‘perfumery’ means such articles as used in cosmetics and toilets goods vizsprays etc. But does not include dhoop and Agarbatti . This is because in Schedule A Entry 16 of Punjab Sales Tax reads as cosmetics, perfumery and toilets goods excluding toothpaste , tooth powder, kumkum and soap. Continued:

11. Sh Ved Prakash v. Govt. of NCT of Delhi and others. Held: Noscitur a Sociis is mere a rule of constructionand it can not prevail in cases where the wider words have been deliberetely used in order to make the scope of the defined word correspondingly wider. Continued:

12. 4. Dr.Devendra M. Surti v. State of Gujrat , AIR 1969, SC63. 5. M/S Philip Medical System v Indian MRI Diognostic & Research Ltd., 2008 Continued: