Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
Doctrine of Noscitur A Sociis - Indian Laws - GeneralExtract Meaning and Scope of Noscitur a sociis According to Lord Macmillan , the doctrine of Noscitur A Sociis implies that the meaning of a word shall be just by the company it keeps. It expands the scope of the doctrine of ejusdem generis. It is a legitimate rule of construction to construe words in an Act of Parliament with reference to words found in immediate connection with them. The word noscitur means to know and the word sociis means association . The phrase noscitur a sociis means to know the meaning by association or accordingly to the context. [Heinz India Private Ltd. v, Glaza Smithkline Consumer Healthcare us, AIR 2008 (NOC) 1228 (Cal)] A rule of interpretation of statue known as noscitur a sociis means that when two or more words which are capable of analogous meaning are coupled together, they take their colour from each other. This rule is more comprehensive than the rule of ejusdem generis ,[ STATE OF BOMBAY OTHERS VERSUS THE HOSPITAL MAZDOOR SABHA OTHERS - 1960 (1) TMI 32 - SUPREME COURT ] The rule of costruction noscitur a sociis as explained by LORD MACMILLAN means: The meaning of a word is to be judged by the company it keeps The maxim of noscitur a sociis may be a treacherous one unless the societas to which the socii belong, are known. The risk may be present when there is no other factor except contiguity to suggest the societas . But where there is, a term of wide denotation which is not free from ambiguity, the addition of the words such as including is sufficiently indicative of the societas. The word includes in the present context indicates a commonality or shared features or attributes of the including word with the included. GODFREY PHILLIPS INDIA LTD. AND ANOTHER VERSUS STATE OF UP. AND OTHERS (AND OTHER WRIT PETITIONS AND APPEALS) - 2005 (1) TMI 391 - SUPREME COURT As per Maxwell s Interpretation of Statutes (12th Edition) , the meaning of the principle of noscitur a sociis is that when two or more words which are susceptible of analogous meaning are coupled together, they are understood to be used in their cognate sense. It means associated words take their meaning from another under the principle of noscitur a sociis. It is also well-settled that the principle of noscitur a sociis is wider than the principle of ejusdem generis and it means that when particular words pertaining to a class, category or genus are followed by general words, the general words are construed as limited to things of the same kind as those specified.
|