Sarah Mathew vs Inst., Cardio Vascular Diseases & ...

on 26 November, 2013
person other than a police officer. d. Operation of legal maxims can be excluded by
statutes but operation of statutes ... cannot be excluded by legal maxims. Reliance
on a maxim by this Court in Japani Sahoo for carving
Supreme Court of India
- Cites 81 - Cited by 16 - Full Document

Smt. Phul Kumari Tripathi vs Smt. Bina Devi @ Saraswati Devi on 21 July,
2003
Latin maxims and has drawn support from Boom's Legal Maxims. He has placed
reliance on the following reported judgments ... cannot have the effect of conferring
upon a person legal status expressly denied to him by a statute. But where
Patna High Court
- Cites 22 - Cited by 2 - Full Document

A.Rahamathullah @ Maulana vs P.A.K.Manohran on 18 December, 2014

reaching this conclusion, light can be drawn from legal maxims. Legal maxims are
referred to in Bharat Kale, Japani Sahoo ... crime. This is in tune with the well-
known legal maxim nullum tempus aut locus occurrit regi, which means that
Madras High Court
- Cites 10 - Cited by 2 - Full Document

The Depot Manager, Apsrtc, Piler ... vs 1. P.Prabhakar (Died) 2. ... on 6

March, 2014
prejudice no one). The desirability of falling on a legal maxim has admirably been
exposited by a Constitution Bench ... that they place undue reliance
on legal maxims. It was argued that legal maxims can neither expand nor delete
Andhra High Court
- Cites 11 - Cited by 1 - Full Document

Kerala Transport Company, ... vs C.R. Anandavalli Amma And Ors. on 8

March, 1990
appeal applying the legal principle discernible from the legal maxim 'Lex Non Cogit
Ad Impossibilia'. (2) Inasmuch as the defect ... courts shall harm a litigant, contained
in the legal maxim 'Actus Curias Neminem Gravabit' and contend for the position
that
Kerala High Court
- Cites 15 - Cited by 0 - Full Document

Neeraj Kumar Sainy And Ors vs State Of U.P And Ors on 21 March, 2017
senior counsel for the appellants would submit that the maxim actus curiae
neminem gravabit or “an act of the court ... contra, learned counsel for the State
submitted that the legal position with regard to vacant seats after
Supreme Court of India
- Cites 30 - Cited by 0 - Full Document

Arvind Khanna vs Central Bureau Of Investigation on 30 November, 2015

Delhi High Court Arvind Khanna vs Central Bureau Of Investigation on 30
November, 2015 Author
Delhi High Court
- Cites 51 - Cited by 0 - Full Document

Arvind Khanna vs Central Bureau Of Investigation on 30 November, 2015

Delhi High Court Arvind Khanna vs Central Bureau Of Investigation on 30
November, 2015 Author
Delhi High Court
- Cites 51 - Cited by 0 - Full Document

The Bihar School Examination ... vs The State Of Bihar & Anr on 8 August,
2016
reaching this conclusion, light can be drawn from legal maxims. Legal maxims are
referred to in Bharat Damodar Kale ... crime. This is in tune with the well-
known legal maxim nullum tempus aut locus occurrit regi, which means that
Patna High Court
- Cites 17 - Cited by 0 - Full Document

Trinath Sahu And Others vs State Of Orissa on 7 March, 2018

Japani Sahoo that they place undue reliance on legal maxims. It was argued
that legal maxims can neither expand ... statutes but operation of statutes cannot be
excluded by legal maxims. 17. It is true that in Bharat Kale
Orissa High Court
- Cites 16 - Cited by 0 - Full Document

State Of Punjab vs Davinder Pal Singh Bhullar & ... on 7 December, 2011
principle in these cases is derived from the legal maxim - nemo debet esse judex in
causa propria sua. It applies
Supreme Court of India
- Cites 116 - Cited by 98 - Full Document

Raj Kumar Dey And Others vs Tarapada Dey And Others on 14 September,
1987
declined to give to them. [124E-G] The two legal maxims LEX NON COGIT AU
IMPOSSIBILIA, and ACTUS CURIAE NEMINEM ... Court shall prejudice no man. In
Broom's Legal Maxims. 10th edition, 1939 at page 73 this maxim is explained
Supreme Court of India
- Cites 16 - Cited by 94 - Full Document

Atma Ram vs The State Of Punjab And Others(And ... on 8 December, 1958
shares or portions thereof. Regard being had to the legal maxim that the greater
must include the less ... considerations, it must be held that there is
no legal foundation for the contention that the impugned Act is beyond
Supreme Court of India
- Cites 24 - Cited by 65 - Full Document

Yanala Malleshwari And Ors. vs Ananthula Sayamma And Ors. on 24

October, 2006
Andhra High Court Yanala Malleshwari And Ors. vs Ananthula Sayamma And Ors.
on 24 October
Andhra High Court
- Cites 174 - Cited by 21 - Full Document
Janak Singh Yadav And Ors. vs State Of U.P. Ministry Of ... on 1 August,
2005
talk of a Writ Court, as explained by the legal maxim 'allegans suam turpetudinem
non est audiendus'. If the petitioners ... Varalakshmi and this concept is also
explained by the legal maxim 'commondum ex injuria sua memo habere debet
Allahabad High Court
- Cites 65 - Cited by 7 - Full Document

Ghanshyam Das Gupta And Ors. vs Board Of High School And ... on 23
March, 1956
Allahabad High Court Ghanshyam Das Gupta And Ors. vs Board Of High School
And ... on
Allahabad High Court
- Cites 29 - Cited by 7 - Full Document

Rama K. Shah Trust, Rama Rupa ... vs The Income-Tax Officer on 31

October, 2002
counsel of the assessee brought to our notice Legal Maxims by Herbert Broom
stating that whole includes a part ... settlor if he did for a part. Legal Maxim by
Broom discusses it in the context of "the greater contains
Income Tax Appellate Tribunal - Ahmedabad
- Cites 15 - Cited by 8 - Full Document

Ude Bhan And Ors. vs Kapoor Chand And Ors. on 15 December, 1966
prejudice the rights of any person and to another legal maxim that the Government
does not favour one subject ... operated as res judicata in subsequent execution
against his legal representative. In that case the Judges were not considering
Punjab-Haryana High Court
- Cites 16 - Cited by 4 - Full Document

Ashok Singh vs Assistant Controller Of Estate ... on 12 May, 1992

effect to. Words and Phrases-World 'levy'-Meaning of. Legal Maxims-Quai Hearet in
Litera Haeret in Cortice. HEADNOTE ... against the spirit of the Act. Herbert
Broom Legal Maxims, pp. 466-67. JUDGMENT: CIVIL APPELLATE JURISDICTION
: Civil Appeal
Supreme Court of India
- Cites 17 - Cited by 4 - Full Document

K.M. Mohamad Abdul Kadir Rowther vs S. Muthiah Chettiar on 5 August,

1959
fortiori personal liability. The contention was based on the legal maxim " expressio
unis est exclusio alterius " meaning that the express ... thing implies the exclusion of
another. In Brooms Legal Maxims, 1911 Edition, page 504 this rule is stated thus.:
... Where
Madras High Court
- Cites 1 - Cited by 6 - Full Document

Ongc Ltd vs M/S. Modern Construction And Co on 7 October, 2013

objection to defeat the cause of substantial justice. The legal maxim, ‘Actus Curiae
Neminem Gravabit ... talk of a Writ Court, as explained by the legal maxim ‘allegans
suam turpitudinem non est audiendus'. If a party
Supreme Court of India
- Cites 15 - Cited by 6 - Full Document

The New India Assurance Company ... vs M/S. Bhagwandas Vyapar Udyog
Ltd. ... on 8 August, 2014
Hirak Mukherjee & Ors.). He refers to the legal maxim a verbis legis non est
recedendum which means, "from ... judice. Hardeep Singh (supra) is cited for
a legal maxim. Such legal maxim has no relevance to the facts
Calcutta High Court (Appellete Side)
- Cites 26 - Cited by 3 - Full Document

Yanala Malleshwari And Ors. vs Ananthula Sayamma And Ors. on 24

October, 2006
Andhra High Court Yanala Malleshwari And Ors. vs Ananthula Sayamma And Ors.
on 24 October
Andhra High Court
- Cites 172 - Cited by 2 - Full Document

Raman Lal vs State Of Rajasthan & Ors. on 5 April, 2000

aforesaid background. (A) Quashing of proceedings; (13). Legal maxim "Quando
Aliquid Mandatur, Mandatur Et Omne Per Quod Per Venitur ... inadmissible; and (4)
Where the complaint suffers from fundamental legal defects, such as, want of
sanction, or absence
Rajasthan High Court
- Cites 232 - Cited by 2 - Full Document

O.L. Of Piramal Financial ... vs Dena Bank on 2 July, 2004

Gujarat High Court O.L. Of Piramal Financial ... vs Dena Bank on 2 July, 2004
Gujarat High Court
- Cites 10 - Cited by 1 - Full Document

Fenner (India) Ltd vs The Joint Regional Director on 12 March, 2003

situation for no fault of the employer. 21. The legal maxim "actus curiae neminem
gravabit" namely ... certain guide for the administration of law. The
other legal maxim "lex non cogit ad impossibilia" means the law does
Madras High Court
- Cites 12 - Cited by 2 - Full Document

Hico Enterprises vs Commissioner Of Customs on 20 September, 2005

arisen, is as follows : (a) Whether the benefit of legal maxim LEX NON COGIT AD
IMPOSSIBILIA would be available ... produce proof of having executed a bond or
a legal undertaking before the Licensing Authority concerned, for complying with
Customs, Excise and Gold Tribunal - Mumbai
- Cites 39 - Cited by 2 - Full Document

Shri Umed Higher Secondary ... vs State Of Rajasthan And Ors. on 29 April,
1999
Legal maxim "discretio est discrenere per legem guid sit justum", explains that
discretion means discerning what is just ... Apex Court has dealt with the issue
of legal malice which is just different from the concept of personal vice
Rajasthan High Court
- Cites 63 - Cited by 0 - Full Document

The Inter College, Through Its ... vs The State Of U.P. Through ... on 6
January, 2006
Allahabad High Court The Inter College, Through Its ... vs The State Of U.P.
Through
Allahabad High Court
- Cites 24 - Cited by 0 - Full Document

Govt. Of A.P. vs C. Prakash Goud And Others on 10 August, 2001

other provisions of the Constitution as well as mandatory legal requirements which
are to be completed before finally inviting ... impossible. As noticed earlier, reliance
is placed on the legal maxim lex non cogit ad impossibilia. Reliance is also placed
Andhra High Court
- Cites 29 - Cited by 0 - Full Document

G.Ganesh Babu vs A.P.Arthi on 20 November, 2012

mind is redolent and reminiscent of the following legal maxims: (i) "Verba generalia
generaliter sunt intelligenda". [General words ... mere running of the eye over
those legal maxims and the principles found enshrined in the aforesaid famous
treatise
Madras High Court
- Cites 16 - Cited by 0 - Full Document

Union Of India (Uoi) vs B.C. Nawn And Ors. on 2 April, 1971

that Section 265 , interpreted applying the principle of the legal maxim expressio
unius est exclusio alterius, is that ... would, in his view, be possible. 7.
The legal maxim, quoted in the Revenue Divisional Commissioner's order
Calcutta High Court
- Cites 26 - Cited by 0 - Full Document

K.Kalimuthu Servai vs M.Balamani on 28 November, 2012

flown under the bridge. I also recall the legal maxim "Quod fieri non debet, factum
valet." [What ought ... would like to fumigate my mind with the
following legal maxims: (i) "Judicis est judicare secundum allegata et probata
Madras High Court
- Cites 13 - Cited by 0 - Full Document

Maharana Partap Charitable Trust vs State Of Haryana Anr Anr on 24

December, 2014
Amending Act and that the maxim actus curiae neminem gravabit, had no
applicability in the said case. It was held ... have been reproduced hereinabove,
appear to be reasonable, apt, legal and proper. 71. It is also worth mentioning that
each
Punjab-Haryana High Court
- Cites 120 - Cited by 0 - Full Document
Ganesh Prasad vs L.D.A. Lucknow & Others on 21 October, 2011
Allahabad High Court Ganesh Prasad vs L.D.A. Lucknow & Others on 21 October
Allahabad High Court
- Cites 52 - Cited by 0 - Full Document

Ramesh Chandra Agrawal And ... vs Lucknow Development Authorities ... on

21 October, 2011
Allahabad High Court Ramesh Chandra Agrawal And ... vs Lucknow Development
Authorities ... on 21 October, 2011
Allahabad High Court
- Cites 52 - Cited by 0 - Full Document

Nannu And Others vs State Of U.P. on 13 February, 2012

Appellants is pressing us to apply the legal maxim of 'Falsus in uno, falsus in
omnibus'. Legal Maxim--Not Applicable ... aforesaid legal maxim is a
Roman legal principle. It means false in one thing, false in everything: a witness
Allahabad High Court
- Cites 21 - Cited by 0 - Full Document

Kanaiyalal Maneklal Sheth vs Competent Authority And ... on 23 February,

1994
Gujarat High Court Kanaiyalal Maneklal Sheth vs Competent Authority And ... on 23
February, 1994 Equivalent
Gujarat High Court
- Cites 16 - Cited by 0 - Full Document

Riyajuddin Ahmad vs Human Resource Development on 19 August, 2014

while dismissing the said civil appeal relied upon the legal maxim as Sublato
fundamento cadit opus i.e. a foundation ... superstructure falls. Further reliance was
placed on the legal maxim i.e. jus ex injuria non oritur
Jharkhand High Court
- Cites 12 - Cited by 0 - Full Document

Sree Gokulam Chits & Finance ... vs State Of Kerala on 5 January, 2011
Court shall prejudice no man. In Broom's Legal Maxims, 10th edition, 1939 at page
73 this maxim is explained ... maxim is "Lex Non Cogit Ad Impossibilia"
(Broom's Legal Maxims P. 162) The law does not compel
Kerala High Court
- Cites 11 - Cited by 0 - Full Document

Hari Singh (Deceased) And 11 Ors. vs State Of U.P. Thru' Collector on 9

December, 2016
limitation' is enshrined in the legal maxim ''interest reipublicae up sit finis litium'
which means that ... enforce it giving full effect to the same. The legal maxim "dura
lex sed lex" which means
Allahabad High Court
- Cites 33 - Cited by 0 - Full Document

Gopal Chandra Sinha vs U.O.I. Thru. Secy. Ministry Of ... on 25 April, 2019
Allahabad High Court Gopal Chandra Sinha vs U.O.I. Thru. Secy. Ministry Of ... on
Allahabad High Court
- Cites 11 - Cited by 0 - Full Document

Gopal Chandra Sinha vs U.O.I. Thru. Secy. Ministry Of ... on 25 April, 2019
Allahabad High Court Gopal Chandra Sinha vs U.O.I. Thru. Secy. Ministry Of ... on
Allahabad High Court
- Cites 11 - Cited by 0 - Full Document

Mustak Seikh vs State Of Jharkhand & Ors on 4 October, 2017

reaching this conclusion light can be drawn from legal maxims. The object of the
criminal law is to punish perpetrators ... crime. This is in tune with the well-
known legal maxims nullum tempus aut locus occurrit regi, which means that
Jharkhand High Court
- Cites 20 - Cited by 0 - Full Document

Shankarbhai Harjibhai ... vs Special Secretary & on 12 September, 2017

Gujarat High Court Shankarbhai Harjibhai ... vs Special Secretary & on 12
September, 2017 C/SCA
Gujarat High Court
- Cites 42 - Cited by 0 - Full Document

4 Whether This Case Involves A ... vs State Of Gujarat & on 4 September,

2017
talk of a Writ Court, as explained by the legal maxim 'allegans suam turpetudinem
non est audiendus'. If the petitioners ... this concept is also explained by
the legal maxim 'commondum ex injuria sua memo habere debet
Gujarat High Court
- Cites 43 - Cited by 0 - Full Document

Dinesh Kumar Soni vs State Of Chhattisgarh And Ors on 19 June, 2017

Kelsen. In every country there is a hierarchy of legal norms known as "ground-
norms" (basic norms). In India ... make it workable and bearing in mind
the legal maxim "ut res magis valeat quam pereat" and it was observed
Chattisgarh High Court
- Cites 21 - Cited by 0 - Full Document

Dcit 7(2), Mumbai vs Albright & Wilson Chemicals India ... on 24 April, 2017
Income Tax Appellate Tribunal - Mumbai Dcit 7(2), Mumbai vs Albright & Wilson
Chemicals India
Income Tax Appellate Tribunal - Mumbai
- Cites 13 - Cited by 0 - Full Document

Gentex Merchants Private ... vs Assessee on 29 April, 2016

performance" on the part of the assessee. The famous legal maxim 'lex non cogut
ad impossiblia' - "the law cannot compel ... assessee in the instant case.
This legal maxim have been given due weightage by the Hon'ble Supreme Court
Income Tax Appellate Tribunal - Kolkata
- Cites 18 - Cited by 0 - Full Document

Dcit 14(1)(2), Mumbai vs Chemical Process Piping P.Ltd, ... on 24 July, 2018
other (2006) 281 ITR 305 where in the said legal Maxim was accepted by the
Honourable Apex Court, as under ... Jurisdictional Hon. ITAT, which is based on
the legal maxim of "the law does not compel
Income Tax Appellate Tribunal - Mumbai
- Cites 17 - Cited by 0 - Full Document

Cbi vs Ajit Singh on 26 July, 2014

Delhi District Court Cbi vs Ajit Singh on 26 July, 2014 Author: Sh. Gurvinder Singh
Delhi District Court
- Cites 36 - Cited by 0 - Full Document

Bibi Dhira Bala Malhotra vs Also At : on 16 December, 2013

title than what it had" enshrined in Broom's Legal Maxims, New Eleventh Edition at
page 273 as " Nemo ... advantage of his own wrong" enshrined in
Brooms Legal Maxims, New Eleventh Edition at Page 131 and 132 as " Nullus
Delhi District Court
- Cites 22 - Cited by 0 - Full Document

Gian Singh vs State Of Punjab & Anr on 24 September, 2012

Supreme Court of India Gian Singh vs State Of Punjab & Anr on 24 September
Supreme Court of India
- Cites 82 - Cited by 5336 - Full Document

A.R. Antulay vs R.S. Nayak & Anr on 29 April, 1988

Golden rule of interpretation-When to be resorted to. Legal Maxims: Actus curiae
neminem gravabid-Coram non judice-Per curiam ... whether such direction were at
all valid or legal and (2) if such directions were not at all valid
Supreme Court of India
- Cites 147 - Cited by 723 - Full Document

Satyawati Sharma (Dead) By Lrs vs Union Of India & Another on 16 April,

2008
Supreme Court of India Satyawati Sharma (Dead) By Lrs vs Union Of India &
Another
Supreme Court of India
- Cites 60 - Cited by 399 - Full Document

Nallapati Sivaiah vs Sub-Divisional Officer, Guntur, ... on 26 September, 2007

stands before his creator. There is a legal maxim "Nemo Moriturous Praesumitur
Mentire" meaning, that a man will not meet
Supreme Court of India
- Cites 21 - Cited by 373 - Full Document

Matajog Dobey vs H. C. Bhari(With Connected ... on 31 October, 1955

true position is neatly stated thus in Broom's Legal Maxims, 10th Ed., at page 312:
"It is a rule
Supreme Court of India
- Cites 15 - Cited by 428 - Full Document

Gursharan Singh & Ors. Etc. Etc vs New Delhi Municipal Committee & ... on 2
February, 1996
well as by this Court. In view of the legal maxim "actus curiae neminem gravabit"
which means that
Supreme Court of India
- Cites 4 - Cited by 260 - Full Document

Smt. Paniben vs State Of Gujarat on 13 March, 1992

dying declarations are admitted in evidence is indicated in legal maxim. "nemo
moriturus proesumitur mentiri-a man will not meet
Supreme Court of India
- Cites 13 - Cited by 145 - Full Document

Corporation Of Calcutta And ... vs Liberty Cinema on 14 December, 1964

magis valeat quam pareat : see Broom's Legal Maxims (10 ed.) p. 361, Craies on
Statutes
Supreme Court of India
- Cites 55 - Cited by 172 - Full Document