SYNOPSIS

INTRODUCTION- In law there is huge importance of basic principles. Legal maxims are
principles of law which are represented in Latin language. Many broad principles of law and
equity can be easily represented by use of legal maxims. The history of legal language can be
traced back to roman age. These terms are being readily used by lawyers and judges during the
legal proceedings. These are the ideals of law which a judge considers while deciding a case in
the court of law. There are some maxims of which principles are there in codified laws. During
medieval and modern age many legal issues related to rights of individuals and remedies
available to the individuals and liability of the individuals were decided with references legal
maxims. The legal maxims in a unique way put forth the legal principles directly and they
follow the principles of natural justice. Most of the legal maxims finds their base from reason
and necessities. Based on these principles many cases were decided by the judges. The legal
maxims find their relevance in legal codes of every civilised nations. In modern times with
increase in commercial and technological advancements, the nature of litigations has changed.
There are different types of legal cases that have been evolved with changing society and
values, but all these changes have not diminished the importance of fundamental principles of
law or the legal maxims. The legal maxims which were originated in roman age have not lost
their significance and we can still find substantial use of legal maxims in judgements, law
reports, articles, law review. Hence it is justified to say that the fundamentals of law find
themselves in legal maxims. And they continue to be integral part of any operations in the field
of law.

OBJECTIVE-The objective of the research work is to analyse and describe how the legal
maxims have been used in various judgements.

SCOPE OF THE STUDY-The scope of this project on legal maxims is limited to three
maxims. Under each maxim two legal cases will be analysed to observe and analyse under
what circumstances they have been used. The three maxims are-

1. Doli capax
2. Ipso facto
3. De novo

RESEARCH METHODOLOGY- The researcher has used doctrinal method of research. The
research will be based upon analytical, explanatory and descriptive method of study.
HYPOTHESIS- In the modern day and age the use of legal maxims as fundamental rules of
law in legal cases while deciding cases and writing judgements has not diminished.

RESEARCH QUESTION- Whether in the modern day and age the use of legal maxims as
fundamental rules of law in legal cases while deciding cases and writing judgements has
diminished.

LITERATURE REVIEW-

The researcher has taken help of books, case reports, internet websites for detailed information
regarding cases. All the resources that are used by researcher while making the research project
are primary sources. The sources are listed below.

SIGNIFICNACE OF THE RESEARCH PROJECT-

The research project will be of a great use in understanding the application of legal maxims
while deciding cases. The project will hence help in simplifying the meaning of legal maxims
and the circumstances under which it will be applied. The project will be of great significance
to have a good understanding about the above-mentioned legal maxims.

ABSTRACT

The project is mainly focused on explaining the application of legal maxims in Various Indian
and foreign judgements. The project will be focussing on detailed description and analysis of
cases to understand three maxims. The three maxims Doli capax, Ipso facto, De novo. The
meaning of first maxim refers to the mental capacity of a person that helps him/her distinguish
right from wrong. The cases which will be analysed under the first maxim is Hiralal Mullick v
State of Bihar. The meaning of second maxim is by that very fact or act. The case which will
be discussed under the second maxim is Hasan Murtza v State of Haryana. The meaning of
third maxim is starting from the beginning. The case which will be discussed under the third
maxim is Byomkesh De v. Controller of Telegraph Stores. The circumstances under which all
the legal maxims have been used will be analysed. How these old but fundamental principles
of law find themselves in present judgements will be studied. Application of legal maxims in
the judgements is the focal point of this judgement.