Author: Nishtha Mittal, AMITY LAW SCHOOL DELHI affiliated to GGSIPU INTRODUCTION Nemo bis punitur pro eodem delicto found its origin in the Latin dialect and juristic interpretation. It has formed the basis of judicial interpretation since time immemorial. The legal maxim was first discovered in 300 BC by Athenian statesmen but was not codified till
Meaning: This legal maxim means “enjoy your own property in such a manner as not to injure that of another person” Details: The maxim ‘sic utere tuo ut alienum non laedas’ means that one must use his property so as not to injure the lawful rights of another. It is a well-settled principle that a
Meaning: The literal meaning of the maxim Respondeat superior is that “let the principal be held responsible”. Details: This doctrine is based on the concept that the principal will be liable for the actions of his agent/servant. It is a well-settled principle that the liability of the principal stands for the act done by his
Meaning: This legal maxims means false in one particular thing is false in general. Details: This legal maxim is based on the doctrine that in case of the testimony of a witness on a material point is willfully and deposed with an intention to deceive, the Court of law may reject all the witness’s testimony.
Meaning: Literal meaning of Volentie non fit injuria is that to which a person consents cannot be considered an injury. Details: It is legal maxim derieved from latin term. It refers to the term that the harm suffered with the plaintiff’s freely given consent and act has taken place with his prior knowledge of the
Meaning: Its literal meaning is better for thing to have an effect than to be made void. Details: In Radha Sundar v. Mohammed Rahim, the Apex Court has held that it is settled law of election that if two meanings of a document are admissible and in which one meaning affects all the clauses of
Meaning: Its literal meaning is that an equal has no power over an equal. Details: The Legal maxim “Par in Perem non habet” is applied under International law on the concept that no State will have dominion control over the sovereignty of other states. The Constitution of the United Nations organization under the International law
Meaning: This legal maxim means where there is right, there is remedy. Details: The legal maxim Ubi jus ibi remedium means that no right exists without a remedy. It is a law of Tort. In a leading case of Ashby v. White, the Court propounded that no right can exist in absence of remedy. Under
Meaning: This legal maxim means right of action will not arise from a base cause. Details: Ex trupi causa non oritur actio is a legal maxim derived from a Latin term. It means that a base cause will not result in a right of action. Thus, an illegal contract is generally unenforceable. In a leading
Meaning: This legal maxim means “no cause of action arises from a bare promise”. Details: The legal maxim Ex nudo pacto non oritur actio relates to the enforceability of agreement/contract. Any contract without consideration is void. In the context of this maxim, consideration means price. In the words of Pollock- “Consideration is the price for
Meaning: This legal maxim means “no one can transfer better title than he himself has”. Details: The legal maxim “Nemo dat quod non habet” means “no one can transfer better title than he himself has” and it is applied as a rule in sale of goods. The maxim of “caveat emptor”, which means buyer beware
Meaning: This legal maxim means “ignorance of law is no excuse”. Details: The legal Maxim Ignorantia Legis semi nem excusat imposes that ignorance of the law is no excuse. When a person commits a mistake, he can take the mistake of fact as a defense but he cannot take an excuse of the mistake of
Meaning: The legal maxim “Felo de se” denotes “a felon as to himself” which means a person who commits suicide. Details: Felon to himself denotes a person who commits suicide. Under Section 306 of the Indian Penal Code, 1860, it is an offense to abet to commit suicide in India. Also, Under Section 309 of
Meaning: The legal maxim “Facta Probantia” means the evidentiary fact or fact related to the issue. Details: Fact Probantia or evidentiary fact means fact given in evidence, its intention is to prove those other facts which are in issue. It may be used to prove documents, testimony, other things, admissible hearsay, other evidentiary facts
Meaning: The legal maxim “ex-post facto” denotes a subsequent Act. Details: Article 20(1) of the Constitution of India states that no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the Act charged as an offense, nor he is subjected to a
