Expressio Unius Est Exclusio Alterius

Act when is directed to be done in a particular manner it must be done in that manner or not at all as a command in the negative necessarily includes in it.

"Expressio unius est exclusio alterius" (Expresss mention of one thing implies the exclusion of another) was neither absolute nor was of universal application.

Where a statute directs performance of certain things in a particular manner or by a particular person, it should not be done otherwise or by a different person.

Right of WAPDA for making assessment of consumption of electricity and accordingly bill in cases of dishonest consumption of electricity

Not immuned from jurisdiction of Electricity Inspector

Electric Inspector is obliged to adjudicate upon any dispute and difference resulting out of billing/charges etc. between consumer and the WAPDA.

[Maxim

Interpretation of statutes].

S. 15(4), Explanation read with Civil Procedure Code (V of 1908), Ss. 24, 151, 4(1), 96 & 100 and Maxim : Expressio unius est exclusio alterious-Transfer of proceedings-Sections 96 and 100, C. P. C., alone having been made applicable to proceedings under Ordinance VI of 1959, and section 4(1), C. P. C. not affecting any special or local law or any special form of procedure prescribed by any other law, maxim "Expressio unius est exclusio alterius", held, steps in and other provisions of C. P. C. including Ss. 24 & 151 rendered inapplicable to proceedings before Rent Controller-High Court in circumstances, not to transfer proceedings pending before Rent Controller under S. 24 or 151, C. P. C.-[Maxim].

Expressio unius est exclusio alterius (express mention of one implies exclusion of another)-Generality of maxim, however, demands caution in application-Express and tacit being merely incongruous-Not enough for application of maxim-Maxim not to be applied when it leads to inconsistency or injustice-Provisions of West Pakistan Ordinance VI of 1968 [excluding S. O. 2 and S. O. 12, cls (1). (2) ] remaining fully applicable to newspaper employees invoking of maxim, held, out of place-Newspaper Employees (Conditions of Service) Act (LVIII of 1973), S. 4.

S. 31 read with Punjab University Statutes, Statute 17 read with Statutes 19 & 20?Maxim : Expressio unius est exclusio alterius Word "shall" in Statute 17?Directory and, not mandatory?Slight mistakes in nomination papers not having effect of making candidate's identity doubtful?To be ignored?Entries in nomination papers sufficient to identify candidate and provisions of Statute 17 substantially complied with?Nomination papers cannot be rejected.

Expressio Unius Est Exclusio Alterius Expressio unius est exclusio alterius (the mention of one is the exclusion of another) -Contract of sale- P' Damages on account of re-sale (on breach of contract) although A, not specifically provided yet at same time no express exclusion of same mentioned in contract-Maxim, held, not applicable.

Expressio unius est exclusio alterius (the mention of one is the exclusion of another).

Expressio Unius Est Exclusio Alterius Expressio unius est exclusio alterius (what is not expressly included shall be deemed to have been excluded) and expressum facit cessare taciturn (what is expressed makes what is silent to cease).

maxim : "expressio unians est exclusio alteros" (express mention of one thing implies exclusion of another)-No provision mad:, in Regulation for cases which though relating to period before imposition of Martial Law yet pending in criminal Courts oil date of enforcement of Regulation

Interpretation of slatutes

Court in drawing inference cannot make statute speak where it was intentionally silent-Nor can it speak entirely contrary to lawgiver's intention gathered from plain words used.

Ss. 73 & 74-Breach of contract-Penalty stated in terms of agreement-Promisee not entitled to compensation by way of damages-Maxim : expressio unius est exclusio alterius applicable.

S. 401-Provincial Government's power to remit sentences-May be exercised in respect of sentences passed by Special Military Court-Such power not rendered inoperative by Martial Law Regulation (C. M. L. A's. No. 1-A), cl. (b) or by Martial Low (Pending Proceedings and Protection) Order (26 of 1962), Ss. 5 & 6 or by Army Act (XXXIX of 1952), S. 143, or by S. 2 read with S. 1 (2), Military Court Sentences (Supplementary Provisions) Ordinance (LXXVIII of 1962)-Maxim; Expressio unius est exclusio alterius.