Ejusdem generis - Indian Laws - General

Meaning of Ejusdem generis rule The Latin phrase ejusdem generis translates to of the same kind . This legal principle is used to interpret general terms that follow specific ones in a list, ensuring that the general terms are understood to include only items similar to those specifically mentioned. The ejusdem generis rule,strives to reconcile the incompatibility between specific and general words. This doctrine applies when (i) the statute contains an enumeration of specific words; (ii) the subjects of the enumeration constitute a class or category-, (iii) that class or category is not exhausted by the enumeration; (iv) the general term follows the enumeration and (v) there is no indication of a different legislative intent. (Amar Chandra Chakraborty v. Collector of Excise - 1972 (5) TMI 59 - SUPREME COURT ) M/S. NARAMADA INFRASTRUCTURE CONSTRUCTION ENTERPRISES- [ 2023 (2) TMI 32 - MADRAS HIGH COURT ]- Para 125. In Skinner Co.v.Shew and Co. (1893) 1 Ch 413 (D), it was observed: 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. Such a restricted meaning has to be given to words of general import only where the context of the whole scheme of legislation requires it. But where the context and the object and mischief of the enactment do not require such restricted meaning to be attached to words of general import, it becomes the duty of the Courts to give these words their plain and ordinary meaning. In our opinion, in the context of the object and the-mischief of the enactment there is no room for the application of the rule of ejusdem generis. Hence it follows that the vacancy as declared by the order impugned in this case, even though it may not be covered by the specific words used, is certainly covered by the legal import of the words or otherwise .