Legal maxims with case laws in india pdf. Translation: Guilty act.

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Legal maxims with case laws in india pdf It defines each maxim in 1-2 sentences and explains their meaning and relevance in legal contexts. Words and Phrase – Phrase “religious denomination” – Collection of individuals having system of belief 143m, 226 and 246. [2] Caveat Emptor, meaning "let the buyer beware. [3] Ex post facto - After the fact. 143; I. Feb 17, 2025 · Simply click the link below to access the PDF. 8. with their English meaning and related case law. S. May 6, 2021 · Download a colourful and systematic PDF of Legal Maxims and Phrases. 3, ISSN No 2349-624X, (page 43 to 45) March 2015. This chapter selectively seeks to explain some maxims/phrases, which are relevant to tax context. Jan 6, 2022 · the sole purpose remains to modify the outdated matter from the body of law and bring new laws which are according to the current working and needs of the society. ) Sep 26, 2023 · The maxim applies in both the cases of legal estate and equitable estate generally, but there are certain cases of exceptions to the general application of the maxim. This dynamic nature has encouraged the authors to write a descriptive paper considering all the important aspects over the law of unsoundness of mind under the Indian criminal law. It is a term used to describe a partial divorce in a case in STA (the Firm) represents a group of internationally qualified counsels. This principle is commonly invoked in common law in case of breach of contract or against a Government. In exceptional cases, where an exact legal rule was neither directly applicable nor capable of being extended on principles of analogy. Pearson. law will insist on that agreement being carried out. Bhagyalaxmi Chitra Mandir17 This document contains definitions and explanations of over 70 important legal maxims and Latin phrases. C. ” We could also say that maxims are a result of the May 14, 2020 · The two fundamental maxims of Roman law, namely, interest reipublicae ut sit finis litium (it concerns the State that there be an end to lawsuits) and nemo debet bis vexari pro una et eadem causa (no man should be vexed twice over for the same cause) was held to be applicable universally in Indian laws – Canara Bank Vs N. AIR 1965 SC 1636, p. Mutual Agency (Section 18): • Each partner is an agent of the firm and other partners. Key sections of the Indian Contract Act align with this principle by emphasizing the binding nature of lawful contracts and providing remedies for breach. Tel: +971 7 204 2180 Fax: +971 7 204 2181 Creative Tower This document provides a list of 121 important legal maxims and phrases for law exams such as CLAT, Judiciary exams, and semester exams. By solving these questions, you can know the difficulty level of the exam and which type of legal maxims can be asked in intention of the law-giver, and is decisive of it. These are sorts of legal capsules useful in dispensing Mar 13, 2025 · Legal Maxims with Case Laws in India . Sep 27, 2024 · The introduction of the AIBE has standardized the process of admitting advocates to practice across various courts in India. May 2021. It is designed to create a level playing field, offering law graduates nationwide, including those from rural and less privileged areas, an equal opportunity to qualify as practicing lawyers. They are principles and authorities and part of general customs and common law of land. Broom’s Legal maxims 3. A JUDICIARY AND LAW EXAMS A compilation of important legal maxims and foreign words to assist you in attaining a tight grasp over the aspects of Legal Aptitude. L. 4 Reasoned Decision In the legal system, the importance of ‘reason’ is to connect the dots between facts and decisions; thus, it helps to establish precedents for the system and adds more certainty Sep 14, 2020 · In the cases where the law does not apply specifically, this maxim suffers limitation. 34The meaning of a word is also affected by its context, which is reflected in the legal maxim . JAIN, INDIAN CONSTITUTIONAL LAW 658 (6th ed. Do check it out! A-Z Comprehensive List of Important Legal Maxims A – Important Legal Maxims A Verbis Legis Non Est, Recedendum From the words of the law, there must be no departure. This guide is intended to help in two ways: • it should help non-lawyers understand legal phrases; and • it should give lawyers ideas for explaining the legal phrases that they use. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. Usages of Legal maxims are frequent in International Laws. It states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. com. com 9887746465 LinkingLawsisanprofessionalinstitute atJodhpur(Rajasthan)forguidingJudiciary ExaminationinIndia A legal maxim or legal phrase elucidates or expounds a legal principle, proposition or concept. EXCUS DVD, Centax Publications P. MANU - MANUPATRA. It was a controversial maintenance lawsuit. Legal Maxims are usually expressed in Latin, as most of these terms originated from the Medieval period in the European states and employed Latin as the official language. 21. Sententiae juris are, in some measure, collections of maxims. ’ The Res ipsa loquitor is often used in cases of infringement, where the parts of evidence in a case are still not appropriately mentioned however the facts are sufficient to prove the Jul 13, 2019 · In the case of Sita Ram Jaiswal and others v State of U. Law andEquitywhich are foundscattered through the various law-books, and giving under each an approved English translation. Key Legal Maxims for Judiciary Aspirants Mar 13, 2025 · Legal Maxims with Case Laws in India . E xplanation: Refers to starting afresh or from the beginning. The maxims cover fundamental principles like actori incumbit onus probandi (the burden of proof is on the plaintiff), nemo debet bis vexari pro una et eadem causa (no man shall be punished twice for the same offense), and pacta sunt servanda (agreements must be kept). or an act does not make a defendant guilty without a guilty mind. Some of the importance of legal maxims are as follows: It is used to avoid the usage of long Mar 17, 2024 · This legal maxim helps law students distinguish between criminal offences and accidents. A vinculo matrimonii - From the bond of matrimony. Dictum - Statement of law made by a judge in the course of the decision but not necessary to the decision itself. Falsus in uno, falsus in omnibus –False in one thing, false in everything- Though this is only a rule of caution and has not assumed the status of a rule of law in the Indian context, an attempt must be made to separate truth from falsehood and where such separation is impossible, there cannot be a conviction-Saheb Maroti Bhumre vs State of The document summarizes key maxims of equity: 1. 1 These maxims are widely used in torts, following are the maxims which are define in detail further: Ubi Jus Ibi Remedium Trayner’s Legal Maxims 2. Many lawyers are now adopting a plain English style. State of Punjab, AIR 1967 SC There are some legal maxims which are commonly used in law of torts and came into light through cases. Ltd. From E xplanation: It is a legal principle stating that the law does not concern itself with minor or trivial matters. Equity will not suffer a wrong to be without a remedy - where there is a legal right, there must be a remedy for its infringement. P. Prof. a. Mar 20, 2025 · In law, precedent case laws prevail over the current proceedings of any ongoing case, therefore, these legal maxims are keywords to an advocate. There are many legal maxims, which are commonly used. George We would like to show you a description here but the site won’t allow us. Pdf LEGAL MAXIMS. ^ It would not be out of place to mention that the maxims in law are said to be somewhat like axioms in geometry. •Equity will, where possible, ensure that its own rule are in line with the common law principles. The concept of equity was initially introduced in India […] * Interpretation of Statutes, M. v. The principle in the said case squarely applies to the case of the petitioner herein”16 INDIAN CASE LAW Usha ben v. The nature of the case is of no serious nature 5. 2010) (hereinafter 1 Jain). It defines each term concisely, such as "Actori incumbit onus probandi" which means "The burden of proof is on the plaintiff. 7. A different meaning should be given to the word so that the inconvenience can be avoided. consuetudo pro lege servatur Custom is held as law Where no laws apply to a given situation, the customs of the place and time will have the force of law. MACKINTOSH. 2 This document provides a list of over 50 important legal maxims and Latin phrases for law exams and the legal field. Legal maxims are broad statements that are frequently made in standardized Latin forms and have been employed by attorneys since the 17th century or before. It can be said that if the Government in India. However, where following the common law rule will lead to injustice, equity was ever ready to depart from the law. CONST. Module: 1. Citations (0) References (0) Dec 20, 2021 · 8. These are sorts of legal capsules useful in dispensing that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on Regular definitions, and Sententiae juris are, in some measure, collections of maxims. In the 21 st Century, where law plays a significant role in our lives, it more or less necessary for us to be acquainted of few important legal maxims. 421; II. Legal maxims are used to formulate a legal policy which Judges are supposed to consider while deciding a case. Some examples include: [1] Actus Reus Non Facit Reum Nisi Mens Sit Rea, which means a criminal conviction requires proof of a criminal act and criminal intent. In India, these maxims play an instrumental role in helping the Supreme Court interpret the Constitution, statutes, and precedents. • It however do not attempt to overrule common law judgments. CIT. Legal maxims have modified the language. Jun 30, 2022 · We may refer here an observation given in the case of Subrata Roy Sahara Vs Union of India (2014) 8 SCC 470: 191. a la : After the manner of. It is a body of legal principles founded on the customs of merchants in their dealings with each other, and though at first distinct from the common law, afterwards became incorporated into it. No doubt in this process they have to take into account the present and future needs of the people. The most important factor for constituent of tort is that person or plaintiff from legal damage. Derived from the Latin word aequitas, which means fairness or justice, equity ensures that rigid applications of law do not lead to unjust outcomes. ELT – Excise Law Times 9. Actus Dei Nemini Injuriam , Actori incumbit onus probandi , Actio Personalis Moritur Cum Persona , Actus Non Facit Reum Nisi Mens Sit Rea , Assignatus utitur jure auctoris etc . State of Bombay (1975) the Supreme Court had observed that the presence of an accused in the Indian territory at the time the offense had been committed, would not be an essential ingredient for the person to be charged under the provisions of the Indian Penal Code, 1860. /Act alone does not make a man guilty unless his intentions were so. This PDF only has those legal maxims which are very important and which are often used. , Feb 21, 2020 · The conclusion of the two maxims are such that one is a moral wrong for which the law gives no remedy even though they cause great loss or detriment to the plaintiff’s but on the other hand other one is a legal wrong for which the law does give a legal remedy though there be violation of a private right, without actual loss or detriment in Dec 29, 2021 · While discussing the case of Hari Singh Gond v. • Case Law: In the case of National Bank of India Ltd. Actus reus. Mar 2, 2022 · The principle and concept of stare decisis is enshrined in the Latin maxim ‘stare decisis et non quieta movere’ and is embodied in Article 141 of the Constitution of India, 1949. dhfwlvq lstndjb trjkj mlrrj iddgq ubxeof ttrg alicjadz vjnzg kubzhih hkxmkif qbg bmyp dws yltp