Words and Phrases
Inference – Adverse inference
As per Black's Law Dictionary, 9th Edition, ‘Inference’ means “a conclusion reached by considering other facts and deducing a logical...
Read moreThe procedural laws are handmaid of justice and cannot defeat the substantive rights.
The procedural laws are handmaid of justice and cannot defeat the substantive rights. “2. Procedural law is intended to facilitate...
Read moreWords – “Shall” and “May”
Words – “Shall” and “May” - A well settled rule of interpretation of the statutes is that the use of...
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Maxim – ex debito justitiae – of or by reason of an obligation of justice : as a matter of right
Maxim - ex debito justitiae - of or by reason of an obligation of justice : as a matter of...
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Words- Words – ‘Shall’ – ‘as far as may be’ – The use of words ‘as far as may be’, occurring in Section 238A of the IBC tones down the rigour of the words ‘shall’ in the aforesaid Section which is normally considered as mandatory – IBC S. 238A.
Words – ‘Shall’ - ‘as far as may be’ - The use of words ‘as far as may be’, occurring...
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[SC] Lotteries and gambling – ‘lotteries’ are a species within the genus of ‘gambling.’
Lotteries and gambling - ‘lotteries’ are a species within the genus of ‘gambling.’ - One of the essential features of...
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“Condition’ and ‘Warranty’
. Halsbury Fourth Edn., Volume 9, para 542 observes as follows: “542. Conditions and warranties.— The predominant modern approach is...
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noscitur a sociis – a mere rule of construction
In Pioneer Urban Land and Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416, Court laid down the limits...
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ejusdem generis – is a rule of construction and not a rule of law
Vikram Singh v. Union of India, (2015) 9 SCC 502, this Court was asked to construe the expression “government or...
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noscitur a sociis – a court must be careful before blindly applying the principle
Godfrey Phillips India Ltd. v. State of U.P., (2005) 2 SCC 515, a Constitution Bench had to construe the meaning...
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noscitur a sociis – interpretation should be made with pragmatism, not pedantically or in a stilted manner.
In CBI v. Braj Bhushan Prasad, (2001) 9 SCC 432, Court was asked to construe Section 89 of the Bihar...
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noscitur a sociis : meaning of a word should be known from its accompanying or associating words
noscitur a sociis : meaning of a word should be known from its accompanying or associating words
Read moreejusdem generis – interpreting the expression “other authorities” in Article 12 of the Constitution,
in Rajasthan State Electricity Board v. Mohan Lal, (1967) 3 SCR 377, Court had to decide whether the expression “other...
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ejusdem generis – Interpretation ejusdem generis or noscitur a sociis need not always be made when words showing particular classes are followed by general words. Before the general words can be so interpreted there must be a genus constituted or a category disclosed with reference to which the general words can and are intended to be restricted.
Jagdish Chander Gupta v. Kajaria Traders (India) Ltd., (1964) 8 SCR 50, a five-Judge Bench had to decide as to...
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noscitur a sociis
Court was concerned with the meaning of the expression “posting” which occurs in Article 233 of the Constitution, qua District...
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