INTERNAL ASSIGNMENT – ENGLISH-II (LAW2203)

For BA LLB (H)/B.Com LLB (H)/BBA LLB (H)

1. Explain the following maxims:

(a) Damnum Sine Injuria:
Damnum Sine Injuria is a maxim, which refers to injury which is being suffered
by the plaintiff but there is no violation of any legal right of a person. In such
circumstances, where there is no violation of the legal right of but the injury, or
damage is being suffered by the plaintiff, the plaintiff can’t bring an action against
the other for the same, as it is not actionable in law, unless there is some
infringement of a legal right is present. Damnum Sine Injuria, the literal meaning
of the word refers to loss or damage in terms of money, property or any physical
loss without the infringement of any legal right. It is not actionable in law even if
the act so did was intentional and was done to cause injury to other but without
infringing on the legal right of the person.

(b) Volenti non fit injuria:

The term Volenti Non Fit Injuria is a Latin maxim which refers to a willing
person, an injury is not done. It is a common law doctrine, according to this
doctrine the person who voluntarily gives consent for any harm to suffer would not
be liable to claim any damages for the same and this consent serves as a good
defence against the plaintiff. The person who himself voluntarily waived or
abandoned his right cannot have any claim over it. Provided this doctrine is only
applicable to the extent that a normally prudent person would have assumed to
have suffered the risk. So, if a batsman is hit by his other player having the wrong
intention then this defence won’t serve as the good defence against the defendant,
as the batsman has agreed to suffer the harm caused to him during the game and
that too not voluntarily with the wrong intention. From the plaintiff’s
point of view, it can also be termed as ‘consent to run a risk’. In this context, the
defendant can run out of risk and can prevent himself from the tort liability arising
out of the first case. That is if, for example, consent given to a person for visiting
his house can save him from the trespass to land.

(c)Ignorantia Facti Excusat Ignorantia Juris Non Excusat:

Ignorantia juris non excusat is a Latin maxim meaning ignorance of law is not an
excuse to a criminal charge. The maxim, ignorantia juris non excusat is applicable
to civil as well as criminal jurisprudence in the U.S. It was also recognized in
courts of chancery as well as at common law of the law in question to avoid
liability. Ignorantia juris non excusat is also known as ignorantia legis non excusat
The purpose of this maxim is that if ignorance is considered an excuse, a person
charged with criminal offenses or a subject of a civil lawsuit would merely claim
that s/he is unaware.

(d)Res Ipsa Loquitur:

Res ipsa loquitur is a Latin phrase that means "the thing speaks for itself." In
personal injury law, the concept of res ipsa loquitur (or just "res ipsa" for short)
operates as an evidentiary rule that allows plaintiffs to establish a rebuttal
presumption of negligence on the part of the defendant through the use of
circumstantial evidence. This means that while plaintiffs typically have to prove
that the defendant acted with a negligent state of mind, through res ipsa loquitur, if
the plaintiff puts forth certain circumstantial facts, it becomes the defendant's
burden to prove he or she was not negligent.

(e) Audi alteram partem.

Audi Alteram Partem states that no person shall be condemned, punished by a law
court without being heard. Or in other words a party cannot be left to undergo any
degree of punishment without an opportunity of being heard. This is considered to
be a principle of fundamental justice or equity. For any judgement to be legally
valid it should be passed after giving both the parties the right to defend
themselves and put forward there side of the story. The maxim audi alteram partem
is divided into two facets in accordance with the principle of natural justice. The
first being notice followed by hearing. All the effected parties must be given a
notice before the proceedings takes place. The notice id given to make the parties
aware of the facts and issues in the case that is going to be adjudicated. This is
done in order to give the parties sufficient amount of time in order to prepare for
their defence. It is a sine qua non of the right of fair hearing. The second facet of
audi alteram partam is the rule of hearing. He parties should be allowed to
represent themselves and state the facts in accordance to their understanding. They
should be heard by the court of law.

2.Translate the following English Passage to Hindi:

“It shall be the duty of every citizen of India to abide by the Constitution and
respect its ideals and institutions, the National Flag and the National Anthem;
यह भारत के प्रत्येक नागरिक का कर्तव्य होगा कि
वह संविधान का पालन करें और उसके आदर्शों और संस्थानों, राष्ट्रीय ध्वज और राष्ट्रीय
गान का सम्मान करें ;

It shall be the duty of every citizen of India to cherish and follow the noble
ideals which inspired our national struggle for freedom;
यह भारत के प्रत्येक नागरिक का कर्तव्य होगा कि वह स्वतंत्रता के लिए हमारे राष्ट्रीय संघर्ष
को प्रेरित करने वाले महान आदर्शों का पोषण और पालन करें ;
It shall be the duty of every citizen of India to uphold and protect the
sovereignty, unity and integrity of India;
यह भारत के प्रत्येक नागरिक का कर्तव्य होगा कि वह भारत की संप्रभत
ु ा, एकता और
अखंडता को बनाए रखे;

It shall be duty of every citizen of India to develop the scientific temper,

humanism and the spirit of inquiry and reform.”
यह भारत के प्रत्येक नागरिक का कर्तव्य होगा कि वह वैज्ञानिक स्वभाव, मानवतावाद और

जांच और सुधार की भावना को विकसित करे । ”

3.Give one word for the following:

(a) A total removal of an evil;-Eradicate

(b) A woman marrying more than one husband at a time;-Polyandry

(c) Of doubtful meaning;-Uncertain

(d) Transmitted from one generation to another;-Inherited

4.Write a note on Public Interest Litigation.

Answer-Public Interest Litigation (PIL) is a practice or a technique that focuses on
the citizens of the country. The main purpose of this school of jurisprudence – PIL is
to protect the people of the nation. Moreover, before heading into the intricacies of
PIL, understand what it is and how it benefits us.
In addition to what the above paragraph states, the public interest litigation gets
initiation by a group of people. These people belong to the country where the filing
of the litigation happens. Also, it is important to understand that PIL is a practice that
allows the following to file for litigation: an individual; or a group of people

Further, this individual person or a group of people can directly file interest litigation
with the Supreme Court. Apart from the Supreme Court of India, the High Courts, as
well as the Judicial Members, are Moreover, it is also important to note that the
person or people who are filing the petition should not possess any interest in the
litigation. In other words, the petitioners should not file a litigation petition keeping
in mind a personal agenda. The Court accepts the litigation only when the plea comes
from a large public interest.

Importance of the Public Interest Litigation

Some of the critical importance and scope of the PIL are as follows:

 Public interest litigation provides a wider scope promoting the right to

equality.
 Not only does it promote equality, but it also ensures right to life and
personality. Part III of the Constitution of India guarantees right to quality, life,
and personality.
 PIL is solely responsible for providing relief and remedies of the writ
jurisdiction.
 The public interest litigation practice functions as an effective instrument for
changing society and ensuring welfare.
 Also, with the help of the public interest litigation, anyone can seek remedy
on behalf of the under-privileged class by introducing the public interest
litigation.
Apart from the obvious importance of the PIL, here is why it is valued as highly as it
is.

The PIL can do the following:

 Clarify the Indian societal law.

 Holding the public accountable by/and ensuring that they make appropriate
decisions, act fair and transparent within their legal powers.
 Aid in developing the law by providing the judges with the opportunity to
accurately interpret the legislation.
 Provide a voice to the voiceless and vulnerable by highlighting an important
issue.
 Providing a platform to the vulnerable people to protect and practice their
rights.
 Raise awareness of societal issues, encourage public debates and increase
accurate media coverage.
 capable of accepting litigation files.
5(a)What is Reasoning and Legal Reasoning?

Answer-Reasoning is the process of thinking about something in a logical way in

order to form a conclusion or judgment.It is the process of thinking about things in
a logical way; opinions and ideas that are based on logical thinking
Legal reasoning is a method of thought and argument used by lawyers and judges
when applying legal rules to specific interactions among legal persons. ... It is here
that the court gives reason for its legal ruling, and it helps other courts, lawyers and
judges to use and follow the ruling in subsequent proceedings and understand
things in a logical way. Legal reasoning in the case of a court’s ruling is found in
the ‘Discussion or Analysis’ section of the judicial ruling.

(b) By explaining various steps, analyse the following situation:

Q. Facts: A student of a prestigious Engineering College run by the Rotary is
rusticated from the College because the College fears that his religious affiliations
will set a bad example for the other students and create an atmosphere of unrest.
The student files a Writ Petition challenging the College’s action as being violative
of his Fundamental Right.
Principle: Article 15 – The State shall not discriminate against any citizen on the
grounds only of religion.

(i) The action of the College will be struck down because it amounts
to be violative of the Fundamental Right of the student;
 (ii) The College has taken similar action against other students
indulging in similar activities, thus there has been no
discrimination against the student;
(iii) The action against the College cannot succeed because the College
is a private body;
(iv) Instead of indulging in such discriminatory behavior, the Rotary
should be engaged in promoting social welfare.

Answer- (i) The action of the College will be struck down because it amounts to
be violative of the Fundamental Right of the student as per Article 15