Blog

What is Noscitur a Sociis in law?

What is Noscitur a Sociis in law?

Legal Definition of noscitur a sociis : a doctrine or rule of construction: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.

What is the Ejusdem generis rule?

The Doctrine of Ejusdem Generis provides that when a list of specific words are being followed by the general words, the general words are interpreted in a way so as to restrict them to include the items or things which will be of same type as those of the specific words.

READ ALSO:   What affects a mutual funds NAV?

What is an example of Noscitur a Sociis?

The eminent professor Graham illustrated the maxim with an example of the inability of an insured bankrupt to collect proceeds in the event of “illness, disability or death’. Bankruptcy means that there is a disability under the law since you cannot hold office and considered legally disabled.

Which case is related to Noscitur a Sociis?

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.

What are canons of construction?

The system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract.

What is harmonious construction rule?

Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.

READ ALSO:   Can night vision see in total darkness?

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. 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.

What is difference between interpretation and construction?

DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATION. Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.

What is rule of literal construction?

The basic principle of the construction of statutes is that, the words have to be read and understood in their true literal sense. The Literal Rule is the first rule applied by the judges. The literal rule is also called grammatical rule by some jurists.

READ ALSO:   Is AI research qualitative or quantitative?

What is beneficent construction?

Beneficent construction involves giving the widest meaning possible to the statutes. When there are two or more possible ways of interpreting a section or a word, the meaning which gives relief and protects the benefits which are purported to be given by the legislation, should be chosen.

Which of the following case is associated with Harmonious Construction rule?

Principles of rule of Harmonious construction. In the land mark case of CIT v. Hindustan Bulk Carriers (2003) the supreme court laid down five principles of rule of harmonious construction: the courts must avoid a head-on clash of seemingly contradicting provisions and they must construe the contradictory provisions.