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Month: April 2020

  • Noscitur A Sociis

    Noscitur means know and sociis means association. Therefore, noscitur a sociis means know from the association. When two or more words which are susceptible of analogous meaning are put together, they are to be understood in their cognate sense. They take their colour from each other. Mango Singh v. Election Tribunal [AIR 1957 SC 871]…

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  • Ejusdem Generis

    The maxim Ejusdem Generis means the same kind. When a general word follows a specific word of a distinct category, the general word may be given a restricted meaning of the same category. The general expression takes its meaning from the proceeding particular expression because the legislature by using the particular word of a distinct…

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  • Golden Rule

    The rule says that ordinarily the court should find out intention of the legislature from the words used in the statute by giving them their natural meaning but if it leads to absurdity, repugnancy, inconvenience, hardship, injustice or evasion then the court should modify the meaning to such an extent as to prevent such consequence.…

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  • Mischief Rule

    The mischief rule of interpretation originated from the Heydon’s Case Heydon’s Case (1584) 76 ER 637 Ottery College, a religious college, gave tenancy in a menor to Ware and his son. The tenancy was established by copyhold. The Ware’s copyhold was part of a parcel also occupied by some tenants at will. The college leased…

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  • Literal Rule of Interpretation

    Literal or Grammatical Interpretation means that the words of the enactment should be given their ordinary and natural meaning, and if such meaning is clear and unambiguous, effect should be given to the provision of the statute whatever may be the consequences.[1] Maqbool Hussain v. State of Bombay [AIR 1953 SC 325] The appellant, on…

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