What are the limitations of Ejusdem generis?

The Doctrine of Ejusdem Generis cannot be applied in the following conditions: If the general words are there before the specified words then this doctrine cannot be applied. Therefore it is necessary that specific words must be followed by the general words.

How do you use Ejusdem generis in a sentence?

The ejusdem generis rule is intended to guard against accidental omissions and it cannot be a cure for poor or inadequate drafting. According to many authors in the literature, a treaty shall be interpreted through application of the principle of ejusdem generis.

Does Ejusdem generis apply to contracts?

The parties may well have realised the applicability of the rule, (that is the ejusdem generis rule) to such contracts and they insert these words “of what kind soever” simply for the purpose of excluding that rule of construction.

What is meant by Ejusdem generis and how it is applied?

Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means “of the same kind.” The statutory and constitutional construction principle of “ejusdem generis” states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply …

In which case the rule of Noscitur a Sociis was applied?

The entries in the Schedule(s) of the Central Sales Tax Act of 1956 and that of the Central Excise Act of 1944 had been interpreted using the rule of noscitur a socii by the SC in the case of Pardeep Agarbatti, Ludhiana v. State of Punjab and Ors.

Is Ejusdem generis rule a statutory interpretation?

Ejusdem generis, or literally “of the same kind or class,” is a long-standing principle of both contract and statutory interpretation. It provides that, where a general word or phrase follows a list of specific terms, the general word will be interpreted to include only items of a similar nature to the terms specified.

What does the doctrine of ejusdem generis provides?

The term ‘Ejusdem Generis’ in other words means words of a similar class. The rule is that where particular words have a common characteristic (i.e. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded.

How does Noscitur a Sociis work?

Latin for ‘it is known by its associates’, noscitur a sociis is a rule of interpretation of contracts, statutes and estate documents stipulating that the meaning of an unclear word can be gathered from the context in which it is used.

What is Noscitur a Sociis in interpretation of statutes?

The principle of Noscitur a Sociis is a rule of construction. It is one of the rules of language used by court to interpret legislation. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it.

What is an example of Noscitur a Sociis?

Here the defendant used a cloth bag. The courts had to consider whether a cloth bag was within the definition. Under noscitur a sociis, it was held that the bag could not have been within the statutory definition, because parliament’s intention was referring to a case or container of the same strength as a canister.

In which case the rule of noscitur a sociis was applied?

What is an example of noscitur a sociis?