Doctrine of Ejusdem Generis_IV Semester.pptx

Law

1. Doctrine of Ejusdem Generis Prof. S. P. Srivastava Department of Law and Governance CUSB, Gaya

2. Ejusdem Generis means of the same kind or nature. This is a facet of the principle of Noscitur a Sociis . It is an ancient doctrine commonly called Lord Tenterdon’s Rule. It is also kown with the name of Genus-species Rule of the language construction. Meaning and Origin

3. This rule is based on the obvious reason that if the legislature had intended the general words to be used in their restricted sense they would have no mention of the particular classes. This is a principle which arises from the linguistic implication by which words having a literally a wide meaning( when taken in isolation) are treated as reduced inscopeby the verbal context. Rationality For this Rule

4. In State V. Eckhardt , the Missouri Supreme Court said: “ Where general words follows the enumeration of a particular classes of persons or things, the general words will be construed as applicable only to persons or things of the same general Nature or class as those enumerated. Black’s Law Dictionary (8 th Edition) also gave the same definition. Definition of Ejusdem Generis

5. In Amarchandra Chakraborty v. Collector of Excise, Govt. of Tripura, AIR1972 SC1863, the court laid down the following five conditions for the application of this rule: 1. The Statute must contains enumeration of specific words. 2. The Subjects of the enumeration constitute class or category. . Essentials

6. 3.That Class or category is not exhausted by the enumeration. 4. The General Term follows the enumeration, and 5. There is no indication of different legislative intent. ( Maharshtra University of Health v. Satchikitsa Prasarak Manda , (2010) 3SCC786. Same conditions were also mention in UP State Electricity Board v. Harishankar Jain, AIR1980SC 65. Continued:

7. There is a degree of overlap in both canons: ejusdem generis can be seen as a specific application of the more general canon of noscitur a sociis . Despite its common law origins, the ejusdem generis canon has been referred to by a wide range of international courts and tribunals. Words susceptible of analogous meaning are coupled togather referred in NaS is basically applied in Ejusdem Generis. Relation Between Ejusdem Generis and Noscitur a Sociis

8. Evans v. Cross , 1938) 1 KB 694. The word ‘other devices’ had to be interpreted in Section 48(9) of the road Traffic Act, 1930 which defined a ‘traffic sign’ to include all traffic signals, warning sign posts, direction posts, signs, or other devices’. Applying the rule, the court held that a painted white line on the road could not be called a traffic sign because devices are things which painted line is not. Leading Cases:

9. Held: Section 32 of the Income-tax Act, 1961 allows depreciation on both tangible and intangible assets and clause (ii) thereof enumerates intangible assets on which depreciation is allowable. The assets which are included in the definition of ‘intangible assets’ given in clause (ii) are know-how, patents, copyrights, trademarks, licenses, franchises, etc., and any other business or commercial rights of similar nature are also included. Goodwill is a bundle of rights which included, inter alia, patents, trademarks, licenses, franchises, etc. Therefore, all these rights are similar to the rights under goodwill. Applying the principles of Ejusdem Generis the meaning has to be extended to the phrase ‘other business or commercial rights of similar nature’. Commissioner of Income Tax, Kolkata v. Smifs Securities Ltd . [2012] 348 ITR 302 (SC)

10. Held: The courtwhile interpreing the expression ‘any other process’ appearing along with beaching, mercerizing, dyeing, printing, water proofing, rubberizing, shrink proofing, organic processing in S. 2(f) of the Central Excise and Salt Act 1944 said, that the forgoing words which precedes the expression or any other process contemplates process which import a change of lasting nature must share one of those incidents. Siddeshwari Cotton Mills (p) Ltd. v. Union of India

11. Held: It is essential for the application of the rule that enumerated things must constitute a category or genus or a family which admits number of species and members/ UP State Electricity Board

12. Should not have different Intention. The context makes it very clear that all beverages containing fruit juices are intended to be includede . Rooh Afza shall be fruit j uice. Hamadard Dawakhana v. UOI

13. In Lilavati Bai v. State of Bombay, AIR 1957 SC 521. In Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd, AIR 1964 SC 1882. Ejusdem Generis was not applied