Doctrine of Ejusdem Generis - IV Semester

Doctrine of Ejusdem
Generis
Prof. S. P. Srivastava
Department of Law and Governance
CUSB, Gaya
Meaning and Origin
 Ejusdem Generis means of the same kind or
nature.
 This is a facet of the principle of Noscitur a
Sociis.
 It is an ancient doctrine commonly called
Lord Tenterdon’s Rule.

 It is also kown with the name of Genus-
species Rule of the language construction.

Rationality For this Rule
 This rule is based on the obvious reason that
if the legislature had intended the general
words to be used in their restricted sense
they would have no mention of the particular
classes.
 This is a principle which arises from the
linguistic implication by which words having

a literally a wide meaning( when taken in
isolation) are treated as reduced inscopeby
the verbal context.
Definition of Ejusdem Generis
 In State V. Eckhardt, the Missouri Supreme
Court said:
“ Where general words follows the enumeration
of a particular classes of persons or things,
the general words will be construed as
applicable only to persons or things of the
same general Nature or class as those
enumerated.
 Black’s Law Dictionary (8th Edition) also gave
the same definition.

Essentials
 In Amarchandra Chakraborty v. Collector of
Excise, Govt. of Tripura, AIR1972 SC1863, the
court laid down the following five conditions
for the application of this rule:
1. The Statute must contains enumeration of
specific words.
2. The Subjects of the enumeration constitute
class or category.
.
Continued:
3.That Class or category is not exhausted by
the enumeration.
4. The General Term follows the enumeration,
and
5. There is no indication of different legislative
intent. ( Maharshtra University of Health v.
Satchikitsa Prasarak Manda, (2010) 3SCC786.
Same conditions were also mention in UP State
Electricity Board v. Harishankar Jain,
AIR1980SC 65.
Relation Between Ejusdem Generis
and Noscitur a Sociis
 There is a degree of overlap in both canons:
ejusdem generis can be seen as a specific
application of the more general canon of
noscitur a sociis. Despite its common law
origins, the ejusdem generis canon has been
referred to by a wide range of international
courts and tribunals.
 Words susceptible of analogous meaning are
coupled togather referred in NaS is basically

applied in Ejusdem Generis.
Leading Cases:
 Evans v. Cross, 1938) 1 KB 694.
The word ‘other devices’ had to be
interpreted in Section 48(9) of the road
Traffic Act, 1930 which defined a ‘traffic sign’
to include all traffic signals, warning sign
posts, direction posts, signs, or other
devices’. Applying the rule, the court held
that a painted white line on the road could
not be called a traffic sign because devices
are things which painted line is not.
Commissioner of Income Tax, Kolkata v. Smifs Securities Ltd. [2012] 348 ITR 302 (SC)
Held:
Section 32 of the Income-tax Act, 1961 allows depreciation
on both tangible and intangible assets and clause (ii) thereof
enumerates intangible assets on which depreciation is
allowable. The assets which are included in the definition of
‘intangible assets’ given in clause (ii) are know-how, patents,
copyrights, trademarks, licenses, franchises, etc., and any
other business or commercial rights of similar nature are also
included. Goodwill is a bundle of rights which included, inter
alia, patents, trademarks, licenses, franchises, etc. Therefore,
all these rights are similar to the rights under goodwill.
Applying the principles of Ejusdem Generis the meaning has
to be extended to the phrase ‘other business or commercial
rights of similar nature’.
Siddeshwari Cotton Mills (p) Ltd. v.
Union of India
 Held: The courtwhile interpreing the
expression ‘any other process’ appearing
along with beaching, mercerizing, dyeing,
printing, water proofing, rubberizing, shrink
proofing, organic processing in S. 2(f) of the
Central Excise and Salt Act 1944 said, that the
forgoing words which precedes the expression
or any other process contemplates process
which import a change of lasting nature must
share one of those incidents.
UP State Electricity Board
 Held: It is essential for the application of the
rule that enumerated things must constitute
a category or genus or a family which admits
number of species and members/
Hamadard Dawakhana v. UOI
 Should not have different Intention.
 The context makes it very clear that all
beverages containing fruit juices are intended

to be includede. Rooh Afza shall be fruit
juice.
Ejusdem Generis was not applied
 In Lilavati Bai v. State of Bombay, AIR 1957 SC
521.
InJagdish Chandra Gupta v. Kajaria Traders
(India) Ltd, AIR 1964 SC 1882.

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Doctrine of Ejusdem

Lord Tenterdon’s Rule.

species Rule of the language construction.

linguistic implication by which words having

the same definition.

coupled togather referred in NaS is basically

beverages containing fruit juices are intended

(India) Ltd, AIR 1964 SC 1882.

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