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Tag: legal maxim

Quid pro quo

Posted on September 10, 2021September 10, 2021 By Ayush 1 Comment on Quid pro quo
Quid pro quo

It’s very easy to understand that nothing is free in this world, thus this maxim speaks the same. Meaning is Something for Something, consideration.

Legal Maxim

Quando aliquid prohibetur et omne per quod devenitur adillud

Posted on August 11, 2021August 11, 2021 By Ayush No Comments on Quando aliquid prohibetur et omne per quod devenitur adillud
Quando aliquid prohibetur et omne per quod devenitur adillud

It is a settled doctrine of law that whatever is forbidden by law to be done, cannot lawfully be changed by an indirect and circuitous material on the principle of “quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud”, which indicates “whenever a thing is prohibited, it is prohibited whether” 

Legal Maxim

Fraus est cleare fraudem

Posted on August 11, 2021August 11, 2021 By Ayush No Comments on Fraus est cleare fraudem
Fraus est cleare fraudem

This maxim talks very sensible that if someone conceals another fraud then it will be presumed that such concealment is also a fraud. The meaning of the maxim is that IT IS FRAUD TO CONCEAL FRAUD.

Legal Maxim

Ex-pacto illicitio non oritur actio

Posted on August 6, 2021August 6, 2021 By Ayush 3 Comments on Ex-pacto illicitio non oritur actio
Ex-pacto illicitio non oritur actio

This maxim relates with the main section 23 of the Indian Contract Act, 1872. The meaning of the maxim is that NO ACTION ARISES ON AN ILLEGAL AGREEMENT. That means, if the object or consideration of any agreement is illegal, then such agreement is void and said to be unlawful.

Legal Maxim

Culpae Paena Par esto

Posted on August 6, 2021August 6, 2021 By Ayush No Comments on Culpae Paena Par esto
Culpae Paena Par esto

Latin maxim culpae poena par esto suggests let the punishment be proportioned to the crime; let the punishment match the crime. This principle has long been regarded as the foundation of criminal justice. This tells the reasoning behind any punishment.

Legal Maxim

Cuilibet in orte sua perito est credendum

Posted on July 27, 2021July 27, 2021 By Ayush No Comments on Cuilibet in orte sua perito est credendum
Cuilibet in orte sua perito est credendum

This maxim is related to all the professions which have some special kind of knowledge or have required some special knowledge. Maxim states that Everyone who is skilled in his own art is to be believed.

Legal Maxim

Aliud est celare- aliud tacere

Posted on July 27, 2021July 27, 2021 By Ayush No Comments on Aliud est celare- aliud tacere
Aliud est celare- aliud tacere

This maxim means that if someone is having a fundamental right of speech and expression under Article 19(1)(a) then that person will also have the fundamental right to silence. And thus silence is not equivalent to concealment.

Legal Maxim

Fiat Justicia

Posted on July 26, 2021July 26, 2021 By Ayush No Comments on Fiat Justicia
Fiat Justicia

This maxim is very important in the legal source. All the courts around are working according to this principle, which is Let justice be done.

Legal News

Bona vacantia

Posted on July 24, 2021July 24, 2021 By Ayush No Comments on Bona vacantia
Bona vacantia

The meaning of Bona vacantia is that the good is without the original owner.

Legal Maxim

Assentio mentium

Posted on July 24, 2021July 24, 2021 By Ayush No Comments on Assentio mentium
Assentio mentium

The meeting of minds, i.e mutual assents. This maxim also relates to section 13 of the Indian Contract Act, 1872 in which the definition of Consent is provided.

Legal Maxim

Ante Litem Motam

Posted on July 24, 2021July 24, 2021 By Ayush No Comments on Ante Litem Motam
Ante Litem Motam

This maxim means that before the case began or Spoken before the Lawsuit is brought.

Legal Maxim

Nemo in Propria causa- Judrex esse debet

Posted on July 23, 2021July 23, 2021 By Ayush No Comments on Nemo in Propria causa- Judrex esse debet
Nemo in Propria causa- Judrex esse debet

No one is ought to be a judge in his own case, thus if anyone does so then that will not be rectified and will be null and void. This maxim has also supported the rule of Natural Justice.

Legal Maxim

Doli incapax

Posted on July 23, 2021July 23, 2021 By Ayush No Comments on Doli incapax
Doli incapax

Incapable of malice, in this maxim, we shall connect the other maxim called ” Actus non facit reum nisi men’s sit rea” This means if there is no intention in the committed act, then there is no offence committed. Thus is maxim Doli incapax give the conclusive presumption that has been adopted for the children…

Read More “Doli incapax” »

Legal Maxim

Actus curae neminem gravabit

Posted on July 23, 2021July 23, 2021 By Ayush No Comments on Actus curae neminem gravabit
Actus curae neminem gravabit

An act of the court shall prejudice no man. This maxim is as simple as Article 14 of the Indian Constitution. Both the court and the Law shall prejudice no man.

Legal Maxim

Caveat Emptor

Posted on July 22, 2021July 22, 2021 By Ayush No Comments on Caveat Emptor
Caveat Emptor

This maxim states that let the purchaser beware, the buyer must be cautious, as the risk is not of the seller instead risk follows the buyer.

Legal Maxim

Actus non facit reum nisi mens sit rea

Posted on July 22, 2021July 22, 2021 By Ayush 1 Comment on Actus non facit reum nisi mens sit rea
Actus non facit reum nisi mens sit rea

The act itself does not constitute guilt unless done with a guilty mind.This maxim clearly expresses that to commit any offence, there must be a guilty mind or intention to commit the crime. If there is no intention, then there is no crime committed.

Legal Maxim
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