AI Overview...
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Ejusdem Generis Doctrine - The doctrine of ejusdem generis does not universally apply; its applicability depends on the specific context and statutory language. For example, in Section 40(4)(c) of the Administration of Evacuee Property, the court held that ejusdem generis does not apply, emphasizing that statutory interpretation must align with principles of justice, equity, and good conscience, avoiding unnecessary hardship Punjab State VS Mehr Chand - Punjab and Haryana.
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Principles of Justice, Equity, and Good Conscience in Governance - These principles are fundamental to all governmental actions. Executive decisions that adversely affect individuals must be backed by law and exercised fairly, ensuring no prejudice or unnecessary hardship. Courts consistently uphold that justice, equity, and good conscience are central to fair governance Kondakandla Yadaiah VS State of Telangana - Andhra Pradesh.
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Application in Judicial Decisions - Courts invoke justice, equity, and good conscience when considering remedies, such as avoiding decrees for minors or exercising powers under specific sections (e.g., Section 44(g) of the Indian Partnership Act). These principles guide equitable relief, including dissolution of partnerships or correcting injustices Mahesh Chandra Bayan VS Manindra Nath Das - Calcutta, NIDAMARTHY SATYANARAYANA MURTBY VS Mamidana Venkata Balakrishna Murthy - Andhra Pradesh.
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Equity, Justice, and Good Conscience as Part of Indian Law - These concepts are embedded in Indian legal tradition and courts are empowered to apply them in appropriate circumstances to supplement statutory provisions, ensuring fairness in judicial outcomes Kalyan Nagar Cooperative Housing Society Ltd. VS State of Telangana - Telangana.
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Limitations and Context of Ejusdem Generis - The doctrine is not absolute; its application depends on the context and the language of the statute. For instance, in trademark law under Section 8(a), the term otherwise was deemed not ejusdem generis, indicating the need for contextual interpretation Mahomed Oomer Mahomed Noorulla Sahib VS S. M. Nooruddin - Bombay.
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Interpretation of Legal Sections - Sections founded on justice, equity, and good conscience, like Section 14, are to be interpreted liberally, with the intent to promote fairness while respecting the express language. Courts have held that such principles should guide the interpretation to ensure just outcomes Food Corporation Of India, Rep by its Chairman VS C. Mohammed Kunhi - Kerala.
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Interest of Parties and Fair Compensation - Principles of equity and justice underpin decisions related to land acquisition and compensation, ensuring that interested parties are protected and that payments are fair, reflecting the importance of equitable treatment Neyvely Lignite Corporation VS Special Tahsildar (Land Acquisition) Neyvely - Supreme Court.
Analysis and Conclusion:
The overarching theme is that the principles of justice, equity, and good conscience are integral to Indian law and judicial reasoning. While doctrines like ejusdem generis serve as interpretative tools, their application is context-dependent, and courts prioritize fairness and substantive justice over rigid rule application. These principles serve as a safeguard to prevent unjust outcomes and ensure that legal provisions and executive actions align with equitable standards.
Search Results for "In the Interest of Justice Equity and Good Conscience Ejusdem Generis"
1958 0 Supreme(P&H) 142 • India - Punjab and Haryana
A.N.BHANDARI, S.S.DULAT
Whether the doctrine of ejusdem generis applies to Clause (c) of sub-section (4) of Section 40 of the Administration of Evacuee Property ... The court held that the doctrine of ejusdem generis does not apply to Clause (c) of sub-section (4) of Section 40 of the Administration ... It must be exercised in consonance with principles of justice, equity and good conscience. It must not cause unnecessary hardship. If discretion is exercised in accordance w....
2017 0 Supreme(AP) 112 • India - Andhra Pradesh
RAMESH RANGANATHAN, U.DURGA PRASAD RAO
Equity and good conscience should be at the core of all governmental functions - Every executive action which operates to the prejudice ... 298, 299, 226, 14, 154, 53, 298, 73, 162, 298, 258, 245 and 246., 19(i)(g), 21 and 300-A - State Government claims to protect the interests ... Equity and good conscience should be at the core of all governmental functions. Every executive action, which operates to the prejudice of any person, must have the sanction of law. ... In....
1941 0 Supreme(Cal) 79 • India - Calcutta
B. K. MUKHERJEA
It considered the principles of equity, justice, and good conscience, and the rights of minors to avoid a decree due to negligence ... , justice and good conscience. ... Neki ('22) 9 AIR 1922 PC 112, this remedy is at all open to the minor; for a review on the ground of negligence cannot strictly speaking be said to be ejusdem generis with an error apparent on the face of the record, or discovery of new and important evidence. ... T....
2019 7 Supreme 292 • India - Supreme Court
RANJAN GOGOI, DEEPAK GUPTA, SANJIV KHANNA
generis but on principle of imminent necessity with a call to Legislature to act promptly in the matter. ... generis but on the principle of imminent necessity with a call to Legislature to act promptly in the matter. ... Constitution of India – Fundamental right to privacy cannot be construed as absolute and but must bow down to compelling public interest ... While this appeal has to be allowed, for reasons set out impeccably by my learned brother, I must sound a pessimistic note that it is too puritanical for a legal system to sacrifice....
1987 0 Supreme(AP) 473 • India - Andhra Pradesh
K.RAMASWAMY
the circumstances whether it would warrant dissolution or without dissolution whether the firm can be allowed to subsist in the interest ... It is well settled that the clause "just and equitable" cannot be read ejusdem generis with the preceding enumerated clauses in a given section. ... On considering all the pros and cons if the court is of opinion that equity and justice demands dissolution, it is perfectly open to the Court to exercise the power under section 44 (g) of the Act. ... It must be reme....
2021 0 Supreme(Telangana) 71 • India - Telangana
M.S.RAMACHANDRA RAO, T.VINOD KUMAR
Finding of the Court: Concept of equity, justice and good conscience is part of Indian ... The court also held that concept of equity, justice and good conscience is part of Indian law and can be applied by the Courts in certain circumstances. It declared: “1022. ... Courts in India have long availed of the principles of justice, good conscience and equity to supplement the inco....
1988 0 Supreme(AP) 382 • India - Andhra Pradesh
K.RAMASWAMY
There was also no detriment to the interest of any of the partners. 3. ... The court also found that there was no detriment to the interest of any of the partners. ... The plaintiff was also directed to pay interest at 12% on the loans taken from the reserve fund from the respective dates till the ... On considering all the pros and cons if the court is of opinion that equity and justice demands dissolution, it is perfectly open to the Court to exercise the power under S. 44 (g) of the Act. ... It is we....
1994 0 Supreme(SC) 1046 • India - Supreme Court
K.RAMASWAMY, M.K.MUKHERJEE, SUHAS C.SEN
Civil Procedure Code,1908 – Order,1 – Rule,10 - Land Acquisition Act 1 of 1894 - Section 4(1) - Payment Of Proper Compensation - Interest ... In our opinion, this view accords with the principles of equity, justice and good conscience. How can it be said that a person for whose benefit the land is acquired and who is to pay the compensation is not a person interested even though its stake may be extremely vital ? ... It was also held that on the principles of equity, justice#....
1955 0 Supreme(Bom) 55 • India - Bombay
S.T.DESAI, M.C.CHAGLA
What was argued was that under Section 8(a) no trade mark shall be registered by reason of its being likely to deceive or to cause confusion or otherwise be disentitled to protection in a Court of justice, and it was contended that the expression "otherwise" was not ejusdem generis and it covered any ... Inasmuch as we have come to the conclusion that the Registrar exercised his discretion under Section 14 and not under Section 8(a), we think it unnecessary in this appeal to decide whether the expression "otherwise" is to be construed #HL....
2008 0 Supreme(Ker) 527 • India - Kerala
KURIAN JOSEPH, K.T.SANKARAN
Section 14 is founded on the principles of justice, equity and good conscience. Section 14 shall be interpreted liberally, however, with due regard to the express words in the Section. ... Bharathi Pillai: 1993 (2) KLT 467, it was held: ... "The phrase "other cause of a like nature", though to be construed liberally has to be read ejusdem generis with "defect of jurisdiction". ... The Supreme Court in Zafar Khan's case held thus: ... "It is true that where the expression as a whole r....
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