Damnum sine injuria is a maxim that refers to the harm suffered by the plaintiff, but not to a violation of a person`s legal rights. 20. “A law must be interpreted as a workable instrument.” The “ut-res-magis-valet-quam-pereat” is a well-known principle of law and, according to this principle, the provision of a law must be interpreted in such a way as to be effective and effective. The courts will reject this interpretation, which nullifies Parliament`s obvious intent, even though the language used may contain certain inaccuracies. It is necessary to avoid reducing the legislation to a meaningless substance and, in the event that the intention of the legislator cannot be achieved, the Court should accept the boldest interpretation in order to achieve an effective result. 17. “At one point, our conscience made us hesitate to grant discharge, because the petitioner`s behaviour in the event of non-payment of contributions, employees` provident fund and non-transfer to the fund did not justify their release. But we are reminded that in such cases, it is up to the legal conscience to decide. This reminds us of certain Latin maxims, Concientia Legi Nunquam Contravenit, which mean that the legal conscience never violates the law.
In this case, the complainant married in September 1880 and her husband disappeared shortly thereafter. He would have been on board a ship and would have disappeared. She remarried after seven years, assuming her husband had died, but her husband came forward and accused her of bigamy. It was determined that she was not guilty, and this was an error of fact, since her husband was likely deceased. Bhailal Jagadish v. Sub-comm. Deputy and Ors (1952), who appeared before the Supreme Court of Madhya Pradesh, deals with issues relating to the termination of the lease. The Court participated in the interpretation of a written document and within its scope. A list of important legal maxims and foreign words to help you accurately grasp aspects of legal adequacy. The literal meaning of “ab initio” is “from the beginning, it was wrong.” Such a term is used in connection with laws, agreements, a charter between the parties, marriage and related matters. When something is described as “empty ab initio”, it means that the thing was never created or was empty from the start. “The court used the doctrine of Pacta Sunt Servanda to determine the reliability of the French statement (i.e.
promises must be kept). Trust is fundamental in international cooperation, especially at a time when cooperation in different disciplines is becoming increasingly important. Accordingly, the States concerned could take note of and trust unilateral declarations and had the right to demand that the commitment thus undertaken be respected. 34-A. “As a general rule, whatever a person has the power to do himself, he can do through an agent. This Council rule is limited by the application of the principle that a delegated power can no longer be delegated, delegatus non potest delegare. “Actus legis nemini facit injuriam means that no one can protest or say that he has been ill-treated by the actions of the court. In the present case, it goes without saying that one of the prosecution witnesses obtained restitution of the property in question through judicial proceedings, and the magistrate reached his conclusion in this regard.
However, based on the testimony of another witness, the judge concluded that the delivery granted was only a paper delivery, not an actual delivery, and that possession remained in the hands of the defendant. In reality, the magistrate approached the case in this way and closed the case with a bad decision. » Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. The maxim nemo tenetur se ipsum accusare arose out of a protest against the inquisitorial and patently unfair methods of questioning the accused, which had long prevailed in the continental system and were not unusual even in England, until the Stuarts were ousted from the British throne in 1688 and additional barriers were erected to protect the people from the exercise of arbitrary power. While prisoners` recordings or confessions have always featured prominently on the scale of incriminating evidence when done voluntarily and freely, the ease with which questions are asked can take on an inquisitorial tone when an accused is asked to explain his or her apparent connection to a crime under investigation. `132. Volenti non fit injuria – The prejudice suffered by consent has no cause. Or damage caused with consent cannot be considered injury. Read IPC Article 87. Generous interpretations of acts must be made so that purpose can exist rather than fall; and each subsidy must be taken most strongly against the grantor. A construction that reduces the law to insignificance must be avoided. A law or decree contained therein must be interpreted in such a way as to make it effective in accordance with the principle expressed in the maxim.
Written documents must be interpreted liberally in order to maintain them as much as possible and to implement the will of the parties. “Article 13 (1) of the Constitution of India does not declare null and void at the outset existing laws incompatible with fundamental rights; On the contrary, it renders these laws invalid and null and void with regard to the fundamental rights exercised from the date of the beginning of the Constitution. It does not have retroactive effect, so that if an act was committed before the entry into force of the new Constitution in violation of the provisions of a law in force at the time of the act, prosecution for that act that began before the entry into force of the Constitution may be prosecuted and the accused may be punished under that law. even after the entry into force of the new Constitution.” “Despite the absence of terms such as `knowingly committing bigamy` or `intentionally committing bigamy` that would have excused them, the Court of Appeal concluded that, in this scenario, Ms. Tolson was protected by an old common law standard. The court found that an “honest and reasonable belief” in the existence of circumstances that, if true, would render the defendant`s actions innocent was a valid defence. According to the maxim, tortious or contractual acts are destroyed by the death of the injured party or the offending party. Some legal causes of action cannot be invoked after a person`s death, in some cases for defamation. It has also been applied to acts arising from contracts of a purely personal nature, such as marriage vows. No legal claim or claim may arise from any unlawful act or omission. If a fact results from an illegal or unlawful act or omission, it cannot form the basis of laws or statutory rights, even if it is public or important.
In other words, a reasonable amount of money to be paid for services rendered or work performed if the amount due is not specified (specified, written) in a legally binding contract. It is a legal doctrine that requires courts to follow historical cases when making a decision on a similar case.