Ejusdem Generis - Law Dictionary Search Results
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ejusdem generis [Latin] : of the same kind or class [was ejusdem generis with the other items listed] ...
Ejusdem generis
Ejusdem generis (of the same kind or nature).of the same kind or nature, Black's Law Dictionary, 7th Edn., p. 535.This term is chiefly used in cases where general words have a meaning attributed to them less comprehensive than they would otherwise bear, by reason of particular words preceding them: e.g., the (English) Sunday Observance Act, 1677 (29 Car. 2, c. 7), enacts that no tradesman, artificer, workman, labourer, 'or other person whatsoever,' shall follow his ordinary calling on Sunday; here [see Sandiman v. Breach, (1827) 7 B&C 96] the word 'person' is confined to those of callings of the same kind as those specified by the preceding words, so as not to include a farmer. The ejusdem generis rule, as it is called, is one of the rules of construction applied by the Court in construing documents of all kinds, whether statutes, deeds, wills, mercantile docu-ments, or others. For a discussion of the rule, see Tillmanns & Co. v. S.S. Knutsford, Ltd., (1908) 2 KB 385, affirmed, (1908) ...
ejusdem generis rule
ejusdem generis rule : a rule of construction: general words (as in a statute) that follow specific words in a list must be construed as referring only to the types of things identified by the specific words ...
Charges
Charges, expenses, costs. A trustee is entitled as a matter of right to his costs, charges and expenses properly incurred in relation to the trust, and they constitute a first charge on the trust property, both capital and income; see Stott v. Milne, (1884) 25 Ch D 710.Means any amount which may be demanded as a price for the rendering of some service or as price of some goods. Sree Gajanana Motor Transport Co. Ltd. v. State of Karnataka, (1977) 1 SCR 665: (1977) 1 SCC 37: AIR 1977 SC 418 (419).Includes all taxes, Shroff and Co. v. Municipal Corporation of Greater Bombay, 1989 Supp (1) SCC 347.--The term 'charges' must be read ejusdem generis taking colour from the succeeding terms- rates, duties and taxes, Nagrik Upbhokta M. Manch v. Union of India, (2002) 5 SCC 466: AIR 2002 SC 2405 (2411). [Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993, clause 2(d)]The word 'charges' in Rule 7(1) should be given a wider meaning as denoting the accusations or imputations aga...
Cause of a like nature
Cause of a like nature, the expression. 'Cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction'. So construed the expression 'other cause of a like nature' must be so interpreted as to convey something analogous to the preceding words 'from defect of jurisdiction', Zafar Khan v. Board of Revenue, AIR 1985 SC 39 (47). [Limitation Act (36 of 1963), s. 14]...
Defect of jurisdiction
Defect of jurisdiction, where the expression as a whole reads 'from defect of jurisdiction or other cause of a like nature, is unable to entertain it', the expression 'cause of a like nature' will have to be read ejusdem generis with the expression 'defect of jurisdiction', Zafar Khan v. Board of Revenue, 1984 (Supp) SCC 505: AIR 1985 SC 39: (1985) 1 SCR 287. (Limitation Act, 1963, s. 14)...
Duly constituted according to law
Duly constituted according to law, means a com-pany duly constituted according to law is one which is constituted by registration under some Act of Parliament or in pursuance of an Act of Parliament of under letter patent or under some constitution ejusdem generis. It is doubtful whether a partnership of less than 20 persons constituted merely by the consensual agreement of the partners can be regarded as a company duly constituted according to law; if such a partnership is formed not for the purpose of carrying on a business but simply for the purpose of being registered with a view to winding up. It is not a company entitled to be registered under Part XXII, Chpater II of the Companies Act, 1965, R. v. Registrar of Joint Stock Companies, Ex parte Johnston, (1891) 2 QB 598 (CA)...
Exchange, Deed of
Exchange, Deed of [fr. excambium, Lat.], an original Common Law conveyance, for the reciprocal transfer of interests ejusdem generis, as fee simple for fee simple, legal estate for legal estate, copyhold for copyhold of the same manor, and the like the one in consideration of the other. It takes place between two distinct contracting parties only, although several persons may compose each party. The operative and indispensable verb was 'exchange,' which no longer implies a general warranty or right of re-entry [(English) L.P. Act, 1925, s. 59, replacing Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4]. An actual entry upon the pro-perty exchanged by the parties themselves to the deed was essential. The exchange was void if either party died before entry, for, under such cir-cumstances, the parties had no freehold in them, for the heir could not enter and take as a purchaser, because he took under the deed, only by way of limitation in course of descent, but by the L.P. Act, 1925, s....
Financial obligations
Financial obligations, the expression should be construed 'ejusdem generis', for so construed it implies an obligation in the nature of an obligation in respect of loans and guarantees incurred or undertaken by the State, State of West Bengal v. Serajuddin Batley, AIR 1954 SC 193 (194). [Indian Independence Rights, Property and Liabilities) Order 1947, s. 9]...
Genus
Genus, in logic, connotes an idea or quality which is universal or common to a whole class, all the members of which are differentiated by that quality or idea from any other class; e.g., incorporeal hereditament is genus with respect to a rent, which is species, Woolley's Introd. To Logic, 45; Mill's Log., Bk. I. c. 7. See EJUSDEM GENERIS.A general class comprising several species or division, Black's Law Dictionary, 7th Edn., p. 695....
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