Ejusdem generis rule example. Doctrine of Ejusdem Generis: All About It 2022-12-10
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A compare and contrast thesis is a statement that highlights the similarities and differences between two or more subjects. It is typically used in academic writing to analyze and evaluate the similarities and differences between two ideas, theories, or concepts.
There are several steps to writing a compare and contrast thesis. First, you need to choose two subjects that you will compare and contrast. These subjects should be related in some way, but they should also have significant differences. For example, you might compare and contrast two different political ideologies, or two different approaches to solving a problem.
Next, you need to brainstorm the similarities and differences between your chosen subjects. This will help you to identify the main points that you want to include in your thesis statement. You should also think about how these similarities and differences relate to your overall argument or analysis.
Once you have identified the main points of your compare and contrast thesis, you can begin to craft your thesis statement. A good thesis statement should be clear and concise, and it should accurately reflect the main points of your essay. It should also be specific and focused, rather than broad and general.
For example, a compare and contrast thesis might look something like this: "Although both capitalism and socialism have their own unique advantages and disadvantages, capitalism is ultimately the more effective economic system because it allows for more individual freedom and innovation."
Finally, it is important to remember that a compare and contrast thesis is just one part of a larger essay. You will need to support your thesis with evidence and examples from your research, and you will need to clearly organize and structure your essay in order to effectively convey your argument to your readers.
Overall, writing a compare and contrast thesis requires careful analysis and critical thinking, as well as strong writing skills. By following these steps, you can craft a powerful and effective thesis that will help you to effectively compare and contrast your chosen subjects.
When to use mutatis mutandis? Explained by FAQ Blog
The specific words must apply not to different objects of a widely differing character but to something, which can be called a class or kind of objects. That, however, will not bring aggarbattis within the class of articles mentioned in Item 36 of the First Schedule. How do you interpret a statute? Quite often we find that the courts and lawyers are busy in unfolding the meaning of such words and expressions and in resolving inconsistencies. 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. Williams or the author of this article; please refer to our -gw Categories Post navigation. The appellant contended that though Section 17 2 c read by itself covers a very large field, that provision should be given a narrower meaning because of the provisions of Section 17 2 a and b. EJUSDEM GENERIS IN THE CONSTITUTION The constitution of India is the supreme law of the land and lays down the framework for enacting legislations regarding policies, laws, procedures, structures, directive principles, powers etc.
As can be seen from the above discussion the most two important elements for the application of the doctrine of ejusdem generis are: the specific words should constitute a particular class or genus and the intention of the legislation should be there for such restriction of the general words. Whenever the grammatical construction cannot be given without any doubt only then shall the golden rule of interpretation be applied bearing in mind the consequences of the decision given. The phrase mutatis mutandis indicates that whilst it may be necessary to make some changes to take account of different situations, the main point remains the same. Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. If the preceding words do not constitute mere specifications of a genus but constitute description of a complete genus, the rule has no application.
The Ejusdem Generis Rule — LAW OFFICE OF GREGORY A. WILLIAMS
Therefore, it should be applied cautiously as to where it must be applied and where not. Or were they concerned about business documents only? For ejusdem generis purposes, placement is irrelevant. It should be resorted to not for the purpose of defeating the intention of the legislature but for the purpose of elucidating its words and giving effect to its intentions. The doctrine of ejusdem generis is mainly applied under article 12. Which of the following is the most accurate description of the golden rule of interpretation? What is rule of Noscitur a Sociis? Or if document adds something, any record or document? Kajaria Traders India Ltd, 1964 Supreme Court See here , the Court stated that whenever the specific words are been followed by general words, the interpretation of ejusdem generis does not need to be applied. This rule will apply unless it is seen that there is contrary legislative intent. In the case of Lilawati Bai v.
All you need to know about the doctrine of ejusdem generis
We are continuing this magnum opus by enlarging and promoting our international role. For our purposes, the disagreement among the justices can be boiled down to this: whether to 1 give any and tangible object their ordinary, or dictionary, definitions or 2 restrict the words to a narrower class of items like a record and a document. Reddendo singula singulis is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object. In the case of Jagdish Chandra Gupta v. Under Washington canons of statutory construction, what is the IMPORTANT: This article is for informational purposes only and is based upon my point of view. The same sign would no doubt be read differently at a livestock auction. Relevant Case Regarding Applicability Siddeshwari Cotton Mills P Ltd v.
The rule of Ejusdem Generis is intended to be applied where general words have been used following particular and specific words of the same nature on the established rule of construction that the legislature presumed to use the general words in a restricted sense that is to say, as belonging to the same genus as the particular and specific words. The point is that they are out there and available for courts and advocates to use. Thus presumption means an act of presuming, assuming or imagining something to be true. The House laid down the following four indicia of contract of service, namely, a the master's power of selection of his servant; b the master's responsibility of payment of wages or other remuneration; c the master's right of suspension or dismissal; and d the master's right to control the method of doing the. Functional character must be governmental in nature.
The Doctrine of Ejusdem Generissays that when a list of specific words is being followed by the general words, the general words are interpreted in a way to restrict them to include the items or things that will be of the same type as those of the specific words. Collector of Excise, 1972 Supreme Court See here and Uttar Pradesh State Electicity Board v. What is an example of Noscitur a Sociis? We might ask whether it matters to have two canons — one broader noscitur and one narrower ejusdem — for the same principle. At the least, there will always be different possibilities that are plausible. He was charged under 18 U. What are the two types of precedent? Secretary of State 1920 ILR 43 Mad. There are many instances where the Courts have improperly used the rule of Ejusdem Generis, even when it cannot be applied in those cases.
Ipso facto is a Latin phrase, directly translated as " by the fact itself", which means that a specific phenomenon is a direct consequence, a resultant effect, of the action in question, instead of being brought about by a previous action. There are many rules for the interpretation of the statutes. They seem to be talking about the situational context, the meaning in light of the circumstances. From that it can be easily deducted that, when this doctrine is not applicable. A decision of a court is made per incuriam if it fails to apply a relevant statutory provision or ignores a binding precedent.
For example, in the case of Zee Telefilms Ltd. As rationales go, that one seems pretty arbitrary. Cases where doctrine of ejusdem generis was applied: Siddeshwari Cotton Mills P Ltd v. The court also observed that interpretation Ejusdem Generis or Noscitur a Sociis need not always be made when words showing particular classes are followed by general words. What is obiter dictum in law? A fish is no doubt an object that is tangible; fish can be seen, caught, and handled, and a catch, as this case illustrates, is vulnerable to destruction.
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