What do you mean by the rule "Ejusdem Generis"? State any three situations when the Rule of "Ejusdem Generis" is not applied by the courts.
CA Intermediate · Corporate and Other Laws · PYQS · January 2025
What do you mean by the rule "Ejusdem Generis"? State any three situations when the Rule of "Ejusdem Generis" is not applied by the courts.
Suggested Answer and Working Notes:
The term 'Ejusdem Generis' means of the same kind or species. Where specific words pertaining to a class or category or genus are followed by general words, the general words shall be construed as limited to the things of the same kind as those specified. The rule of ejusdem generis is not an absolute rule of law but only a part of a wider principle of construction and therefore this rule has no application where the intention of the legislature is clear. Situations when the Rule of Ejusdem Generis is not applied by the Courts: In the following situations, the term “Ejusdem Generis" is not applied by the Courts. If the preceding term is general, as well as that which follows this rule cannot be applied.Where the particular words exhaust the whole genus.Where the specific objects enumerated are essentially diverse in character.Where there is an express intention of legislature that the general term shall not be read ejusdem generis the specific terms.
Topics: Interpretation of Statutes
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