Meaning: The term ex-parte means from one side only. Details: When one party, without serving notice to the opposite party and in absence of the opposite party, gets disposed of his application and obtains an injunction, this is called ex – parte injunction.However, any ex-parte order passed by the court is sustainable in law provided
Meaning: The legal Maxim “Ex-officio” denotes by virtue of office. Details: Certain powers are only vested to the person in authority of that power or office. These powers are automatically transferred to the person by virtue of the office. For example, The vice president to be ex-officio Chairman of the council of states. Article 64
Meaning: The meaning of this legal maxim is common error sometimes passes current as law. Details: In other words, it means- the law which enhances public welfare, sometimes permits a common error to pass through. The maxim is to be applied with great care and caution. It has been sometimes saying “communis error facit jus“,
Meaning: This legal maxim means there cannot be re-delegation of powers already delegated. Details: Section 190 of the Indian Contract Act, 1872, is based on the legal maxim i.e. Delegata non potest delega. It deals with the duty delegated to the agent by its Principal. It implies that it is the duty of an agent
Meaning: This legal maxim means “No men should be condemned unheard“. Audi alteram partem is derived from a Latin phrase “audiatur et altera pars”. In other words, it means no party should be punished without a fair trial. Details: This legal maxim is based on the principle of natural justice and fair play and it
Meaning: Actio personalis moritur cum persona has a Latin origin. It means “A personal right of action dies with the person”. Details: This legal maxim implies that once a person is dead, his actions of tort and Contract terminates and all his duties and remedies are destroyed. However, in due course of time, the rule
Meaning: It means “The act itself does not constitute guilt unless done with a guilty intent” Details: Actus rea and Mens rea are the two necessary elements for the commission of any crime. The term “actus rea” means the body is guilty and the term “mens rea” means the mind is guilty. A guilty mind
Meaning Ad Voleram is a Latin word. It means according to value or based on value. Details Generally, the word “Ad Voleram” is used regarding tax on real estate by the State but it can also be used about personal property. It is used in reference to excise and customs duties, where payable duties are
Corpus delicti Meaning It’s Latin word which is a combination of two words,i.e., “Corpus“- means body and “delicti“- means act contrary to law, that is a crime. Details This donates a group of crimes. However, this word is not used often like actus reus and it is used to show common sense. The principle of
Bona fide Meaning: In Good faith, Genuine, Action done in Good faith Details: For Example: If there is a bona fide and reasonable dispute as to a substantial part of the debt on which the petition is based, and the defence is a substantial one, the Court tends to refuse winding up. In the circumstances,
Ab initio Meaning Its Latin word is ‘from the beginning’. Details In legal language generally this word is used with void for example-void ab initio. Wherein any authority, specifically legislative exercises powers beyond its jurisdiction, then such exercise of powers is void ab initio. For example- Article 13(2) of the Constitution Provides ‘that state shall
