Author: Siddharth Shankar Singh Rajiv Gandhi National University of Law MEANING Translated as “Common Opinion” or the “Opinion of the Majority”, it could be seen as another term for a famous legal maxim – “Communis Error Facit Jus”. It is used as the generally held view of the masses. It says that if there’s a
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: 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
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: 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
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,
