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EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS | एक वस्तु का स्पष्ट उल्लेख दूसरे का अपवर्जन है|

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VATSLA SHARMA

VATSLA SHARMA

3 жыл бұрын

The maxim means that express mention of one thing implies the exclusion of another. If one or more things of a particular class are expressly mentioned in an enactment that means that other things belonging to the same particular class are excluded from the domain of the enactment. Again, where two expressions have been used in a statute one of which generally includes the other, the more general expression excludes the less general.
The rule Expressio unius est exclusio alterius is often a valuable servant but a dangerous master to follow in the construction of statutes or documents.
Gilmore (Valuation Officer) v. Baker Carr ( 1962),
the question was whether a broiler house was an 'agricultural land' or an 'agricultural building'. This expressions are defined under section 2(2) of the Rating and Valuation (Appointment) Act, 1928 and land exceedings one quartre of an acre used for the purpose of poultry farming has been included within the definition of agricultural land. The court held that a broiler house cannot be an agricultural land because 'building' and 'land' have been clearly distinguished in the Act as mutually exclusive, and it is a building.*
The fundamental rights under Articles 15, 16 and 19 are available to the citizens of India and hence other person, i.e., non-citizens are expressly excluded.
In Bennett Coleman vs Union of India AIR 2973 SC and R.C. Cooper v. Union of India, AIR 1970 SC, the Supreme Court interpreted the term 'citizen' and clearly laid down that the freedom under Article 19 cannot be claimed by non-citizens nor by the legal persons as they are not citizens. However, Indian citizens may claim these freedom through their legal persons because the relief ultimately goes to the citizens and not to the legal persons.

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