The document discusses the legal maxim of noscitur a sociis, which means "a word is known by the company it keeps." It provides examples from case law where courts have used this maxim to interpret terms in context. Specifically, it discusses cases where:
1) The term "entertainment" was interpreted in context of surrounding words like "refreshment" and "resort."
2) The term "interest" was understood to mean "annual interest" based on accompanying words.
3) The term "case or canister" was held to exclude a cloth bag based on the intended strength of the described container.
4) The term "perfume" was interpreted to exclude "
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
Power point on the information delivered in class about the Mischief rule, as well as recap questions for golden rule and a little intro to Purposive Approach.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
Power point on the information delivered in class about the Mischief rule, as well as recap questions for golden rule and a little intro to Purposive Approach.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
2. Noscitur a sociis (NAS)
• Know from association
• A word will be interpreted in the context of
surrounding words.
• A word is known by the company it keeps. The
meaning of a word or phrase is to be derived from
its context.
3. • A word or phrase can be read on its own as it
stands. However, the maxim noscitur a
sociis(something is known by its associates)
proposes another possible meaning. Words
and phrases next to and near the word or
phrase in question might indicate a meaning
that is not apparent when the word or phrase
is viewed on its own.
• In the obvious case the neighbouring words
create an alternative meaning by suggesting
that words in question should receive a
restricted scope.
5. A particular provision of law says:
“all houses, rooms, shops, or buildings, kept open for public
refreshment, resort, and entertainment,” during certain hours
of the night, are to be deemed refreshment houses and
require a licence.
Facts:
The Appellant's house was called The Café; it was found
open during the night, and seventeen females and twenty
gentlemen were there, and were supplied with cigars,
coffee, and ginger beer, which they consumed.
6. • On the part of the appellant it was contended,
that the premises were not open for any
public entertainment in addition to the sale of
refreshments, such entertainment being
intended to comprise a musical or other public
performance; and therefore the appellant had
not committed the offence charged.
7. • Blackburn, J. Opinion
I do not think that entertainment need be something
in the nature of refreshment. It is rather the
correlative of resort—the reception and
accommodation of the public who resort to the
place
• Lush, J.
I think entertainment is something connected with
the enjoyment of refreshment-rooms, tables, and the
like. It is something beyond refreshment; it is the
accommodation provided, whether that includes a
musical or other amusement or not.
8. • The court held that “entertainment” did not
mean musical entertainment but the
reception and accommodation of people, so
the defendant was guilty.
10. Inland Revenue Commissioners v Frere (1964)
• The issue was the correct meaning of the
word 'interest'.
• The words of the sections as a whole were
looked at which read 'interest, annuities or
other annual interest'.
11. • The court decided that the word 'interest' on
its own could have meant any interest paid
whether daily, monthly or annually but
because of the presence of the words 'other
annual interest' in the same section they were
clearly of the view that 'interest' meant only
annual interest.
13. • A statute which stated that explosives taken
into a mine must be in a “case or canister”.
• The defendant used a cloth bag.
• The courts had to consider whether a cloth
bag was within the definition.
14. Held
• Under noscitur a sociis, it was held that the
bag could not have been within the statutory
definition, because parliament’s intention was
referring to a case or container of the same
strength as a canister.
16. • The appellant is a registered dealer in 'dhoop'
and 'aggarbatti‘.
• The appellant was sought to be made liable to
pay sales tax at the rate of 10 paisa in a rupee,
as was leviable upon items falling under the
Entry No.16 of Punjab General Sales Tax Act,
1948.
• Entry No.16 read thus;
"Cosmetics, perfumery and toilet goods,
excluding tooth-paste, tooth-power, kum-
kum and soap,"
17. • The question was whether "dhoop" or
"dhoopbatti" fell within the description of
"perfume" thereunder.
18. • It was held that perfumery means such
articles as used in cosmetics and toilet goods
viz, sprays, etc but does not include ‘Dhoop’
and ‘Agarbatti’ .