| Citation(s) |
|---|
| 1989 SLG 901 1989 SLD 901 1989 PLD 128 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1064 of 1988, decision dated: 7-11-1988.
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, USMAN ALI SHAH AND NAIMUDDIN, JJ
Shaukat Ali, Senior Advocate Supreme Court and Malik Salin Ahmad, Advocate-on-Record. Nemo.
Civil Petition for Leave to Appeal No.1064 of 1988, decision dated: 7-11-1988.
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, USMAN ALI SHAH AND NAIMUDDIN, JJ
Shaukat Ali, Senior Advocate Supreme Court and Malik Salin Ahmad, Advocate-on-Record. Nemo.
DON BASCO HIGH SCHOOL
VS
THE ASSISTANT DIRECTOR, E.O.B . 1 and others
Law:
Section:
(a) Ejusdem Generis---Doctrine of ejusdem' generis will apply where there is nothing to show in the provision or Act that a wider sense was intended or the intention to give to the general term a broader meaning than the doctrine required was not manifested. (b) Interpretation of statutes-- ---General terms following particular ones apply only to such person or things as are ejusdem generis with those comprehended it. the language of the Legislature. Maxwell on the Interpretation of Statutes, 12th Edn., p.297 ref. (c) Interpretation of statutes-- ---General expression is to be read as comprehending only things of the same kind as that designated by the preceding particular expressions, unless there is something to show that a wider se was intended. R. v. cleworth(1864) 4 B & S 927 and R. v. Edward (1859) Z8 LJMC 213 ref. (d) Ejusdem Generis-- Rule or doctrine of ejusdem generis will apply unless intention the contrary is clearly shown. Corpus Juris Secundum, Vol. 82, (e) Ejusdem Generis-- - --Application of doct rine-- Conditions. The doctrine of Ejusdem Generis applies when the following five conditions exist: (1) the statute contains an enumeration by specific words; (2) the members of the enumeration constitute a class; (3) the class is not exhausted by the enumeration; (4) a general term follows the enumeration; and (5) there is not clearly manifested an intent that the general term be given a broader meaning than the doctrine requires J.G. Sutherlandon, Statutes and Statutory Construction Edn., p. 400, S. 4910 ref. (f) Employees' Old-Age Benefits Act (XIV of 1976)-- ---S. 2(e)--West Pakistan Shops and Establishments Ordinance (V of 1969), S. 5--Term "establishment" --Definition and application term--Word "includes" enlarges the scope and meaning of the was "establishment" and word "organization" itself being broad to include school in the definition of establishment--Employees' Old-Age Benefit Act, 1976 applies to any institution even not maintained for earning profit or gain. Definition of term "establishment" as given in section 2(e) the Act firstly, covers establishment to which the West Pakistan shops and Establishments Ordinance, 1969, applies.…
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