Expressio Unius Est Exclusion Alterius

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expressio unius est exclusion alterius

Latin maxim meaning that the expression of one thing   ....... excludes others.

It is generally used as a canon of construction of statutes or other legal documents LIKE CONTRACT

indicating that the express inclusion of one or more things of a particular type necessarily implies an intention to exclude others of that type.

 R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council 

AUDIT COMMISSION ACT  section 15(3) (with its related provisions in subsections (3A), (4) and (5)) grants a specific exception TO right of inspection so far as any document ‘contains personal information’

‘Personal information’ is closely defined and cannot extend to commercial confidential information of the kind in issue in these proceedings. … The argument is made (based on the principle of expressio unius exclusio alterius) that the express exception made in favour of personal information prevents any consideration of a further exception in favour of confidential information

 

It can also be understood as; when one or more things of a class are expressly mentioned others of the same class are excluded.

Since inclusion of two contradictory statements is violative of the principle of natural justice. It is also a prominent characteristic of law that an implied exclusion argument lies whenever there is reason to believe that if the legislature had meant to include a particular thing within the ambit of its legislation, it would have referred to that thing

Likewise, if a specific act is barred by the law of land, expressly, under any of its statutes, then its commission is impliedly illegal and punishable. For instance, smuggling is an illegal act and is expressly barred under the Indian Penal Code, any act in furtherance of the same act or any other act of this class is illegal and shall lead to harsh consequences.

Another example is that, the inclusion of an expressions like, ‘notwithstanding anything contained in this section’ in the provision bars the possibility of inclusion of any other condition.



Parbhani transport v road transport auth

Permit to ply buses-state of Bombay under MV ACT

Since the act entitled govt to ply busses under a scheme

It could not ply busses otherwise ......maxim was quoted

Supreme court disallowed – govt has to apply for permit nothing else .

 

Gilmore valuation officer v baker carr

Q was – broiler house was agricultural land or agricultural building

Land more than one acre  used for polutary ---agri land

Broiler house cannot be land

Land and building ,mutually exclusive

 

Bennett coleman v uoi

FRs are 15/16/19  are exclusively available to citizens of india hence non citizens excluded.

Freedom under ar 19 cannot be calimed bu non indian

 

NANDANI SATPATHI V P L DANI

CONFESSION under sec 26 was in Q

Argued- admission and confession same

Therefore American rule of MIRANDA EXCULSIONARY RULE will be applicable

Hence statemenmt made to police officer will be admissible in court

Rejecting the argument – court said confession specially added

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