Category: Legal Maxims

Nemo Bis Punitur Pro Eodem Delicto

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

Respondeat superior

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

Volentie non fit injuria

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

Par in Perem non habet

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

Ubi jus ibi remedium

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

Ex nudo pacto non oritur actio

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

Nemo dat quod non habet

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

Felo de se

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

Facta Probantia

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

Ex-post facto

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