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EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS

Expressio unius est exclusio alterius is a Latin phrase that means express
mention of one thing excludes all others. This is one of the rules used in
interpretation of statutes. The phrase indicates that items not on the list are
assumed not to be covered by the statute. When something is mentioned
expressly in a statute it leads to the presumption that the things not
mentioned are excluded.

For example, “weekends and public holidays” excludes ordinary weekdays.

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


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

It is a Latin phrase that says ‘Express Mention and Implied Exclusion’ that
means express mention of one thing excludes all other things. Here it is
considered that the items which are not on the list are not covered by the
statute. When something is expressly mentioned in the statute it leads to the
presumption that the things which are not specified in the statute are
excluded.

General words in a statute must receive a general construction unless the


statute is specifying any special meaning to the general words. Whenever
something is added in the statute it is added with the due consciousness. It is
assumed that if something is not added in the statute there is a reason behind
it, which is to exclude that from the particular statute.

Expressio Unius Est Exclusio Alterius means that one thing having been
mentioned the other is excluded. Lopes, L.J opines this maxim means a
valuable servant but a dangerous master (Coluhoun v. Brooks (1886)21 Q.B.D
52).

Expressio unius est exclusio alterius, it is a maxim for ascertaining the intention
of the legislature. Where the statutory language is plain and the meaning clear,
there is no scope for applying the rule (Parbhani Transport Coop. Society v.
Regional Transport Authority, AIR 1960 SC 801).

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