Author: Rishi Tibrewal, Damodaram Sanjivayya National Law University Meaning: The literal meaning of the maxim ‘Consuetudo ex certa causa rationabili usitata privat communem legem’ is, a custom founded on a certain and reasonable ground supersedes the common law.[1] Explanation: A custom is an ongoing pattern of behavior which may be viewed as setting the standard
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
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: 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
