NOSCITER A SOIICS

 

NOSCITER A SOIICS

 

Noscere means to know and sociis means Association.

Therefore, noscitur a sociis means to know from the Association.

 When two or more words which are susceptible analogue meaning are put together , they are to be understood in their cognate sense. -CONNECTED

They take their colour from each other, the meaning of more general being restricted to a sense analogous to that of the less general.

A word may be known by the company it keeps.

Associated words explain and limit each other.

The principal helps in finding the true legislative intent and, therefore, cannot prevail where it is clear that wider words have been deliberately used.

The principle of noscitur a sociis is the rule of construction. It is used by the court to interpret legislation. This means that the meaning of an unclear word or phrase must be determined by words that surround it. In other terms the meaning of word must be judged by the company that it keeps. The questionable meaning of a doubtful word will be derived from its association with other words. It is used wherever as it statutory provision constitutes a word or phrase that is capable of bearing more than one meaning.

This rule is explained in the Maxwell on the interpretation of statutes in the 12th edition in following words – when two or more words susceptible of analogous meaning our coupled together, they are understood to be used in their cognate sense. The words take their colour from and are quantified by each other, the meaning of the general words being restricted to a sense analogous to that of less general.

 

 

 

K. JANARDHAN PILLAI V. UNION OF INDIA: interpret foodstuffs in the wider sense as including all articles of food which may be consumed by human being after processing. Further, having regard to the history of legislation relating to foodstuffs and the object of the Central act which regulates the production, supply and distribution of essential commodities amongst the propertystricken Indian people, the expression foodstuff should be given out at meaning has including even raw materials which ultimately result in edible articles.

 

STATE OF KARNATAKA V. UNION OF INDIA: In this case the question of interpreting the word ‘power’ as appears in article 194 (30) of the Constitution was involved. This word has been used in the company of words ‘privileges’ and ‘immunities’ of a house of legislature. The Supreme Court observed that the board must take its meaning from the associated words, and thus interpreted it must mean such powers of the house as are necessary for the conduct of its business and not legislative powers.

 

 PRADEEP AGGARBATTI, LUDHIANA. V. STATE OF PUNJAB: In this case the word ‘perfumery’ had to be interpreted in entry 16 of schedule A of the Punjab general sales tax act, 1948 which rates cosmetic, perfumery, toilet goods    ,  Applying Noscitur a sociis rule the Supreme Court ruled that what could remain only such articles as are used as cosmetics and toilet goods and, therefore, this cannot mean dhoop and Agarbatti.

 

AHEMDABAD PRIVATE PRIMARY TEACHERS ASSOCIATION V. ADMINISTRATIVE OFFICER: In this case interpretation of the word employee in section 2(e) of Payment of GrATuaty Act, 1972 was in question the section says ‘employee’ means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skill, unskilled, manual, supervisory, technical or clerical work. Whether or not such person is employed in a managerial administrative capacity. Applying the principle of Noscitur a sociis the Supreme Court held that a teacher employed in a school does not fall under any such of the categories mentioned above. The court, however, recommended that since the teachers are in a noble profession the Legislature should extend benefits of gratuity to them by in acting a new legislation for them

 

 

 

 

 

•      Parsons Brinckerhoff India (P.) Ltd. vs. Asstt. DIT (Int. Tax) 

applying the rule of Noscitur a Sociis held that, the words ‘model’ and ‘design’ cannot fall under definition of ‘royalty’ ????under Explanation 2 to section 9 (I) (VI) of the Income Tax Act. They have to take colour from the other words surrounding them, such as, patent, invention, secret formula or process or trade mark, which are all species of intellectual property.

•      LORD MACMILLAN says that meaning of a word is to be judged by the company it keeps.

•      GODFREY PHILLIPS INDIA LTD. V STATE OF UP
where two or more words are susceptible of analogous(comparable) meaning are clubbed together they are to understood to be used in their cognate(related, connected) sense. They take colour from each other . General words cannot be read in isolation.

•      But it cannot be used where general words have been deliberately used to widen scope.

•      In Commissioner v. Savoy Hotel while interrupting a Purchase Tax Act-; which used the expression 'manufactured beverages including fruit juices, bottled water, syrups, etc., it was held that the description 'fruit-juices' as occurring therein should be construed in the context of the preceding words and that orange juice unsweetened and pressed was not within the description

 

 

•      FOSTER V DIPHWYS CASSON

•      STATUTE SAID THAT EXPLOSIvesS TAKEN INTO MINE HAS TO BE CANE OR CANNISTERetc ....c.c.cb

•      HERE DEF USED A CLOTH BAG

•      COURT HAS TO CONSIDER IF BAG WAS UNDER DEF

•      BAG COULD NOT COME UNDER DEF

•      INTENTION..SAME STRENGTH AS CANE/ CANNISTER

 

In Pengelly v. Bell Punch Co. LtD

the court had to decide whether a floor used for storage came under the Factories Act 1961, whereby 'floors, steps, stairs, passageways and gangways' had to be kept free from obstruction. The court held that as all the other words were used to indicate passage, a floor used exclusively for storage did not fall within the Act by applying the principles of Noscitur a sociis.

 

 

 

Noscitur-a-sociis is the extension of Ejusdem Genesis but both are different from each other. One has wider scope than latter. It includes all the words which are in the paragraph and takes colour from all the words around it whether it is proceeding or succeeding words. Generally doesn't require any class or category of specific words. Noscitur-a-sociis is an extended and enumerated version of Ejusdem Genesis rule. It is basically meaning of doubtful words determined by referring to meaning of accompanying words. It is applied only one doubt in meaning. The reference is taken from all the world's poor in the paragraph and there is a kind of summary which is which is understood by the person who is reading or referring from it this method is commonly known as Noscitur a sociis.