De Jure Means a state of affairs that
is in accordance with law (i.e.
that is officially sanctioned).
Arya kandu kunhi knnan and
Kottiah vazha yrl devki and In this case where a krnavan made a
others gift of property in 1913 to which he
v. indude his knee also to join and the
suit to set asite the gift was instituted
others in 1930 by another junior member of
the tarwad to attend mjorty in 1927.
Relying of the Indian limitation act to
saves the bar of limitation it was held
that whatever might be the
condituion before 1919 the limitation
started to run in 1919. When on the
plea of the karnavan in which the
capacity she was in a position to give
a discharge of the cause of action. On
 behalf of the tarwad. And the sands
had run out before the suite was
filed.
Consensus ad When two parties to an The New India Assurance The court also observed that specific
idem agreement (contract) both Company performance of a contract is the
have the same v. actual execution of the contract
understanding of the terms M/S. Dewa Properties Ltd on according to its stipulation and terms
of the agreement. 13 February, 2015 and the courts direct the party in
default to do the very thing which he
contracted to do. The stipulation and
termes of the contract have
therefore, to be certain and the
parties must have consensus ad idem.
The burden to show that is on the
plaintiff. Rojasar ramjibhai dahyabhai
vs jani narottamdas, 1986(3) sec 300.
The court held that the term
necessary to give effect to the
contract can be implied and that a
term implied if it is necessary in the
business to give efficiency to the
contract.
Ab initio From the beginning Saghir ahmed the UP road transport service act
v. 1951, was held to be void ab initio.
state of UP The impugned act empowered the
state government to run and operate
the road transport services
execlusively itself in conjuction with
railway. The act was challenged inter
alia on the ground that it infringed
the fundamental right of the
petitioner to carry on the business of
transport services as guaranteed by
article 19.
Void In law, void means of no Gherulal Parakh
legal effect v.
Mahadeodas Maiya And
Others
Doli incapax Incapable of guilt Krishna bhagwan Patna high court upheld that if a child
v. who is accused of an offence during
the state of bihar the trial, has attained the age of
seven years can be conviedcted if he
has the understanding knowledge of
the offense committed by him.
Mens rea Is the mental element of a R.V. Woollin Woollen remains the leading
person's intention to commit precendent used when the courts
a crime; or knowledge that and juries are consideringoblique
one's action or lack of action intention, Norrie, states that woollin
would cause a crime to be constitute the last word on the
committed. indirect intention for murder.
Actus Reus Sometimes called the Assistant Provident The presence or absence of mens rea
 external element or the
objective element of a crime,
is the Latin term for the
"guilty act".
Appellate having jurisdiction to review
cases on appeal and to
reverse decisions of inferior
courts.
Plaintiff Someone who makes a legal
complaint against someone
else in court.
Defendant A defendant is a person
accused of committing a
crime in criminal prosecution
or a person against whom
some type of civil relief is
being sought in a civil case.
Complaint A complaint is any formal
legal document that sets out
the facts and legal reasons
that the filing party or
parties.
Accused he person charged with an
infringement of the law for
which he is liable and if
convicted then to be
punished.
Petitioner A person who pleads with
governmental institution for
a legal remedy or a redress
of grievances, through use of
a petition.
Respondent A person who replies to
something such as a survey
v. and/or actus reus would be a
Management Of Rsl . determinative factor in imposing
damages under Section 14-B.
Hans Raj Commissioners under the law have
v. the same powers in respect of
Raj Pal institution and disposal of the
appellate cases falling under their
territorial jurisdiction. In view of so
many districts, creation of new the
distribution of business under that
Act or any other Act.
Sampath Kumar Plaintiff as amended. In the latter
v. cases the question of prejudice to the
Ayyakannu And Another opposite party may arise and that
shall have to be answered by
reference to the facts and
circumstances of each order.
Bundi Portland Cement Co. The plaintiffs are an incorporated
Ltd. company registered in Bombay under
v. the Indian Companies Act of 1882.
Abdul Hussein Essaji The defendant is a merchant...the
year 1931 the plaintiffs came to know
that the defendant was importing
into Bombay and selling large
quantities of Japanese cement in bags
bearing the letters “RRR” with the
word “Portland” above.
Global Infrastructure & Negotiable Instruments Act.
Technologies Ltd. Admittedly, as of now, twenty-six
v. complaint cases, details whereof are
G.K Builders And Others given in the impugned judgment, are
pending in various courts at Mumbai,
Pune and Sholapur.
Huidrom Konungjao Singh detention order dated 30-6-2011
v. under the Act on various grounds
State Of Manipur And Others with an apprehension that as in
similar cases, the accused involved
therein had been enlarged on bail the
detenu in this case would also cases
and none of them had been co-
accused with the detenu in this case.
Rohit Shukla Alia contending that the respondents
v. are not granting police protection to
The State Of Madhya the petitioner, petitioner is a
Pradesh complainant in connection with the
VYAPAM case and is receiving threat
from various quarters and complai
Alahar Coop. Credit Service Of the respondent cases under
Society Section 33-C(2) are pending. We
 or set of questions.
Juvenile A young person who is not
yet old enough to be
considered an adult, as per
the Cambridge dictionary.
Ultra virus It is a Latin phrase used in
law to describe an act which
requires legal authority but is
done without it.
Uberrimae utmost good faith
fidel
Suo moto The term is usually applied to
actions by a judge taken
without a prior motion or
request from the parties.
Summons The paper that tells a
defendant that he or she is
being sued and asserts the
power of the court to hear
and determine the case.
v. direct that authority to finalise it’s
Sham Lal computation within two months from
today. Once the claim is finalised in
Special leave granted. We have heard
the counsel for the parties
Bal Sakha All the juvenile justiceboards situated
v. at 7 district are directed to verify how
State Of Jharkhand And many accused are either on bail or in
others jail or or facing triel for about six
months without commencement of
the trial where they are charged for
the offences punishable up to 7 years.
after these particulars are collected,
the juvenile justice board is to drop
the matter as directed by supreme
courtin the judgement cited above.
The juvenile justice board shall take
into considerationthe fact that the
age of the juvenile has been
enhanced from 16 years to 18 years.
So the principle laid down by the
supreme court could be applied in
respect of the juvenile offenders who
are aged upto 18 years.
Managing Director Natural justice makes the decision
v. void, as in other cases of ultra virus
Ashok Kr.Choudhury and that the rules of natural justice
operate as implied mandatory
requirements, non- observance of
which invalidates the exercise.
Manika We accept the appeal. Impugned
v. order is set-aside. Consequently, the
Life Insurance Corporation comlaint filed by the complainant is
Limited accepted and direction is passed to
the ops to pay the claim i.e. sum
assured of rs. 5 lack form the date of
repudiation alongwith int. 9% p.a. till
payment, within 30 days from the
date of receipt of copy of the order.
they are further directed to pay
rupees 10,000 as compensation and
5000 as litigation expences.
Shri K. Lall
v.
Supreme Court Of India (Sci)
John Thomas From the commencement up to
v. culmination of the proceedings in
Dr. K. Jagadeesan . summons cases. One of the normal
rules in summons cases is that once
trial has started, it should reach its

Warrant A warrant is generally an
order that serves as a specific
type of authorization, that is,
a writ issued by a competent
officer.
Ex parte order 'by or for one party' or 'by
one side'
Decree A judgment of a court that
announces the legal
consequences of the facts
found in a case and orders
that the court's decision be
carried out
Judgement a decision of a court
Sus per coll suspendatur per collum
Testatum The portion of the ordinary
purchase deed that contains
the statement of the
consideration
normal culmination.
State We would accordingly hold that jthe
v. application for cancellation of bail on
Maguni Charan Sahu And 10 the ground that bail had been
Others. granted without jurisdiction was not
sustainable. We would accordingly
direct its rejection.
Nageshar Tewari In view of oral evidence adduced by
v. the plaintiff his dispossession was
Shitla Prasad Singh . within three years before filing the
present suit and hence the suit was
not barred by limitation.
Oman Prasad Objector It did not apply to the disposal of
v. objection of this kind raised in the
Jani Durlab Shankar And execution of decree case. I am of
Others Decree-Holders opinion that the present case is
sufficiently covered by the cases cited
in the lower court’s judgment.
Praveen Kumar This Court is of the view that the then
v. SHO of Police Station Fatehpur Beri is
Pio, Delhi State Legal Serices liable to be prosecuted under section
Authority . 4(2)(b) of SC & ST (Prevention of
Atrocities) Act, 1989 as amended up-
to-date.
Raja Row Vencata Niladry
Row
v.
Vutchavoy Vencata Putty Raz
(United Kingdom)
Sivaprasad
v.
Karthiyayani

Tort feaser common action Sunita Rani the award is modified to the above
v. extent. The appeal is accepted with
Hardev Singh costs. The claimants shall be entitled
to the above said compensation with
interest at the rate of 12% per annum
from the date of accident till
realisation.
Trial de novo new trial Abdul Sattar The witnesses were independent,
v. that there was sufficient
State corroboration of the dying
declaration of the deceased in the
testimony of Range Gowda, P.W. 20
and of P.Ws. 14, 15 and 16, and who,
on an appreciation of all
circumstances attendant upon the
transaction, came to the conclusion
that it was the accused No. 1 who

Slander spoken defamation
Sine quo non without which it could not be
Amicus curiae someone who is not a party
to a case who assists a court
by offering information,
expertise, or insight that has
a bearing on the issues in the
case.
Gift The voluntary transfer of
property from one person to
another without full valuable
consideration.
Will legal declaration of the
intention of.
Heirs a person who succeeds to
property, either by will or
law.
was responsible for inflicting the gun-
shot injuries on the person of the
deceased.
Bolandanda Pemmayya These decisions clearly establish that
v. the mere filing of a complaint before
Ayagadara Kushalappa the police, where such complaint is
ordered to be filed in that office only
and no judicial authority is set in
motion as a consequence of such
complaint, does not amount to
prosecution. Reference may also be
made to the decision cited by the
learned advocate for the appellant, of
the Madras High Court in S.T. Sahib v.
Hasan Ghani Sahib.
Joseph Jeya Singh
v.
Kolappa Pillai
V.Kalyani The decisions impugned in the
v. captioned writ petitions are quashed
The Malappuram and the Municipality is directed to
Municipality reconsider the cases of the
petitioners afresh without reference
to Detailed Town Planning Scheme
and issue orders granting building
permits, if the applications are
otherwise in order. Let this be done
within an outer limit of one month
from the date of receipt of a copy of
this judgment. The writ petitions are
ordered accordingly.
Sonia Bhatia In the instant case also the avowed
v. object of sub-section (6) of section
State Of U.P And Others 5 of the Act is to prevent the large
landholders from evading the ceiling
law by executing transfers,
instruments or gifts so as to reduce
their surplus area. Where the two
statutes have a common and identical
object then the legal terms used in
one statute must be given the same
meaning in the other.
Preeti Sharma Transfer has been made out. If the
v. petitioner wishes that all cases be
Manjit Sharma . tried at one place, she may apply for
the same and we will transfer the
cases pending in Delhi to Muzaffar
Nagar.
Gian Devi Anand There is one aspect which we
v. consider it desirable to make certain
Jeevan Kumar And Others observations. The owner of any

Writs a formal written order issued
by a body with
administrative or judicial
jurisdiction
Habeas corpus That you have the body
In camera An open court or open
justice is when a case is
heard in the presence of the
people and the press, who
would report the cases to the
public.
Injunction A court order requiring a
person to do or cease doing a
specific action.
premises, whether residential or
commercial, let out to any tenant, is
permitted by the Rent Control Acts to
seek eviction of the tenant only on
the ground specified in the Act,
entitling the landlord to evict the
tenant from the premises. The
restrictions on the power of the
landlords in the matter of recovery of
possession of the premises let out by
him to a tenant have been imposed
for the benefit of the tenants.
Uma Shankar Rai And The petition should be dismissed but
v. as this law is not so far known and
Divisional Superinte some of the writ petitions have been
admitted without taking that fact into
consideration, we think the
applicants may be entitled to make
the election. Under the circumstances
learned counsel for the petitioners
prays that he be given some time to
consider the position and find out
from his clients on whose behalf he
will press the petition. He is
accordingly given a fortnight's time to
choose the applicant.
Syed Siddiq Ahmed The child gets tutored when the child
v. has been in the custody of the father.
State Of A.P. At the same time, when the child is
over eight years old and not only
claims that the petitioner is his father
but pleads ignorance regarding
relationship with the second
respondant I am afraid that this not a
case where the custody of the child
can be ordered in favour of the
second respondant mother.
Superintendent And we overrule the view of the High
Remembrancer Of Legal Court and the reasons given therefor
Affairs, West Bengal that s. 14 of the Act prohibits the
v. giving of copies of the statement
Satyen Bhowmick And concerned to the accused or that the
Others lawyer is prohibited from taking the
statements in extenso and had a duty
to show the same to the court. We
also overrule the view taken by the
High Court regarding the
interpretation of s. 14 of the Act.
Cotton Corporation Of India The facts of this case, let it be
Limited recalled that the learned Single Judge
v. had declined to grant any temporary

Ipso jure For this purpose only.
De facto A state of affairs that is true
in fact, but that is not
officially sanctioned.
Bigamy A marriage in which one of
the parties is already legally
married.
Custody The legal right or duty to care
for someone or something.
United Industrial Bank injunction against the present
Limited And Others appellant, the Corporation, and in our
opinion rightly. The Appellate Bench
interfered with the order for the
reasons which are far from
convincing and it overlooked the
provision contained in sec. 41 (b) and
effect thereof.
State Of Punjab And Others Reject the argument addressed on
v. behalf of the respondents that the
Surinder Kumar And Others High Court was entitled to pass any
order which it thought fit in the
interest of justice. Accordingly we set
aside the impugned order and allow
the appeal, but in the circumstances
without costs.
Faijas The appeal is allowed. The order of
v. conviction and sentence passed
State Of Kerala against the appellant/ accused by the
trial court under section 22/B  and 
22/C of the Narcotic Drugs and
psycotropic substances is set aside.
The appellant / accused is found not
guilty of the aforesaid offences and
he is acquitted. He shall be released
forthwith, if his detention in jail is not
required in connection with any other
case.
Aziz Khan Complainant There as to the desirability of
v. having better evidence on the
Ekram Hussain Accused disputed point were clearly made
Opposite Party. with reference to the facts of the
particular case. As was pointed
out in 36 All 1,4 the above
decisions did not lay down that
there was any requirement of law
that the fact of marriage could be
proved only in some particular
way. The opposite party has
referred to two decisions of the
Calcutta High Court: 19 Cal 795
and 63 Cal 415.
Rathna Moilthy THIS WRIT PETITION IS FILED UNDER
v.
Shekara Devadiga ARTICLES AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING
TO DIRECT THE COURT OF DISTRICT
JUDGE, UDUPI TO
TAKE UP R.A.NO.5/2007 FOR THE
DISPOSAL ON ITS MERITS AND TO
 DECIDE THE APPEAL WITHIN THE
OUTER LIMIT THAT WOULD BE FIXED
BY THIS HON'BLE COURT.

Accomplice A person who has Laing The JCPC is aware of the pressures
participated in a guilty act v.
and is liable in a criminal The Queen (Bermuda) endemic to the criminal appeal
action. courts. But the interests of justice
must come first. An appellant has a
constitutional right to be given the
reasons for the court’s decision if his
appeal is dismissed. The more serious
the offence and the more severe the
sentence, the more important it is
that this right should be given effect.
act of god a natural hazard outside Abdul Rashid Not only can the decree be executed
human control, such as an v.
earthquake or tsunami, for Firm Wajid Ali Abdi Ali against the judgment- debtor but also
which no person can be held against the supurdgar to the extent of
responsible. the property given in his custody in
execution of the decree. It, however,
does not follow that the judgment-
debtor's liability ceases once his
property has been attached and given
in the custody of the Supurdgar.
Adjournment without day Indra Sawhney And Others
v.
Union Of India And Others
adjudication The legality of the V.K. Thomas And Others Mr. Gopal Subramaniam, learned
transaction is still under v.
adjudication Industrial Tribunal And Counsel for the respondents submits
others that there have been settlements
between the workmen and the
Management as regards the dispute
covered by the Award which is now
directed to be published subsequent
to the date on which it was made
amendment Amendment, in government Diwan Enterprises Applying the test of common
and law, an addition or v.
alteration made to a Commissioner Of Income parlance, a rim which is admittedly
constitution, statute, or Tax. round and an essential part of the
legislative bill or resolution. wheel of the cycle would come within
the said entry [xiv] and being a
 declared good the same cannot be
taxed at the rate in excess of 4%.
appeal Process by which a Chandra Ranganathan And Amount received by retyring
judgment/order of a Others
subordinate Court is v. employees of RBI would be eligible
challenged before its Commissioner Of Income for exemptionunder the efort said
superior court Tax, Chennai provisions of the income tax, the
respondent herein, it was submitted
thatin view of said circular the
respondent would allow the benefit
of deduction to the appellants under
sec. 10 (c) of the income tax act 1961
as far as the retired employees of
reserve bank.
Article A separate and distinct part National Insurance Company We have some reservations about the
of a written instrument Limited
v. correctness of the aforesaid decisions
Parvathneni And Another of this Court. If the insurance
company has no liability to pay at all,
then, in our opinion, it can not be
compelled by order of the Court in
exercise of its jurisdiction
under Article 142 of the Constitution
of India to pay the compensation
amount and later on recover it from
the owner of the vehicle.
Acquittal Someone who has been State Of M.P. The impugned order reducing
accused of a crime is v.
innocent. Surendra Singh sentence to the period already
undergone and, to avoid miscarriage
of justice, this appeal is allowed
restoring the sentence imposed by
the trial court. The respondent is
directed to surrender within two
weeks from today, failing which, the
trial Judge is directed to take
appropriate steps for sending him to
prison to undergo the remaining
period of sentence.
Attested A person has signed the Kuthali Moothavar The learned Temporary Subordinate
document by way of v.
testimony of the fact that he Peringati Kunharankutty Judge of Tellicherri approached the
 saw it executed. case correctly from this point of view,
and so approaching it the Board, after
full consideration, accepts his analysis
of the evidence and is of opinion that
possession upon the part of the
respondent of these hills has not
been adequate "in continuity, in
publicity, and in extent" so as to
"show that it is possession adverse to
the competitor." That competitor is
the appellant, and the foundation of
his title is the judgment of 1868
which has just been cited.
Bail A security deposited to Huidrom Konungjao Singh The said bail orders do not relate to
appear before the court for v.
release. State Of Manipur And Others the co-accused in the same case. The
accused released in those cases on
bail had no concern with the present
case. Merely, because somebody else
in similar cases had been granted bail,
there could be no presumption that
in the instant case had the detenu
applied for bail could have been
released on bail.
Bailment where the owner transfers Birendra Sankar Sanyal And During the course of hearing, the
physical possession of others
personal property for a time. v. appellants have also tried to raise an
Dinesh Ch. Sarma . issue pertaining to improper
description of the suit land taking the
plea that in the sale deed the dag
number has been mentioned as 2071
whereas the suit land is actually
covered by dag No. 1071. The learned
lower Appellate Court has extensively
dealt with the said objection by
holding that the objection is
untenable on account of the fact that
the suit patta No. 253 admittedly
contains only one dag and the
boundary given in the schedule of the

Citation A Legal Citation refers to a
specific legal source, such as
a constitution.
Coercion Unlawful detaining.
Cognizable An offence in which a police
officer has the authority to
make an arrest without a
warrant and to start an
investigation with or without
the permission of a court.
land in the sale deed tally with that of
the suit land. I do not find any
perversity in the view adopted by the
learned lower Appellate Court in the
aforesaid aspect of the matter.
Tapushi Maity, Direc That the instant case be and the same
v.
Deewars Garage Ltd. is dismissed on contant against the
OP’s with cost of rupees 10,000/- to
be deposited to welfare find of this
forum within one month from the
date of this order, failing which
execution will follow as per C.P. ACT.
Minakshi Considering the aforesaid facts and
v.
Ranbir Singh finding the statement to be bonafide,
a decree of divorce by way of mutual
consent is passed, dissolving the
marriage of Minakshi daughter of Shri
Girdhari Lal and Ranbir Singh son of
Shri Ram Dass Aggarwal. The
judgment of learned Court below is
modified to the extent mentioned
above.
Minakshi v. Ranbir Singh
Selvakumar Petitioner  the learned counsel for the
v. Sivanaithaperumal
petitioner sought the leave of the
Court to withdraw the revision with
liberty to prefer a complaint
under Section 200 Cr.P.C.
Endorsement to that effect is also
made. Endorsement is recorded and
the Criminal Revision Case is
dismissed as withdrawn with liberty
to prefer a complaint under Section
200 Cr.P.C. If such a complaint is
preferred, the learned Judicial
Magistrate can adopt either of the
methods indicated supra and the
order of dismissal which is challenged

Confession A statement by a suspect in
crime which is adverse to
that person
Compromise A word that defines a deal
between the parties, where
each party gives up part of
their demand. It is a
settlement of disputes by
mutual consent.
Consent A person with a mental
disorder, a low mental age,
or under the legal age of
sexual consent may willingly
engage in a sexual act that
still fails to meet the legal
threshold for consent as
defined by applicable law.
in this revision shall not be a bar for
such exercise of power.
Haroon Haji Abdulla The evidence of Kashinath and
v.
State Of Maharashtra applied to it the checks which must
always be applied to accomplice
evidence before it is accepted. There
is corroboration to the evidence of
Kashinath in respect of Haroon from
the confession of Bengali given
independently and in circumstances
which exclude any collusion or
malpractice.
Ram Piari, Musammat
v.
Durgapal Singh, Kuar .
Samant N. Balkrishna And We are satisfied that Mr. Atrey as the
Another
v. Editor of the 'Maratha' published
George Fernandez And false statements relating to the
Others character and conduct of Mr. Patil,
calculated to harm the prospects of
Mr. Patil's election, that Mr. Atrey
was the agent of Mr. Fernandez
under the election law, but there is
nothing to prove that he did so with
the consent of Mr. Fernandez, nor
can such consent be implied because
in making the statements Mr. Atrey
was acting as the editor of his own
newspaper the 'Maratha' and not
acting for Mr. Fernandez. We are
further satisfied that the petitioner
has failed to establish in the manner
laid down in this Court, that the result
of the election was materially
affected in so far as Mr. Fernandez
was concerned. We are also satisfied
that if the petitioner had pleaded

Contempt Disrespectful toward a court
of law and its officers
Conviction a court of law finds a person
guilty of committing a crime
Corporate Corporations enjoy most of
the rights and responsibilities
that individuals possess.
Convention A general term which
comprehends all kinds of
contracts, treaties, pacts, or
agreements.
corrupt practices against Mr.
Fernandez personally (which he did
not) the result might have been
different. The election petition was it
considered and left out the most vital
charges but for that the petitioner
must thank himself.
Jagdish Singh A counter affidavit has been filed
v.
General Manager starting their in that all the dues of
the petitioner including revision of
scale have been paid in the year 2014
itself but surprising annexure D
shows that certain amount was paid
to the petitioner on 26/04/2016 i.e.
after filling of the write application as
it is started in annexure D that the
revised gratuity amount of rs.
79,200/- has been paid to the
petitioner through cheque.
The Public Prosecutor The respondent is an old man of 70
v.
Malaipati Gurappa Naidu and we have not been asked to send
(Accused). the matter back to the Sub-Divisional
Magistrate for proper disposal and so
we pass no further order on this
appeal apart from saying that the
Sub-Divisional Magistrate's action in
passing orders without any notice to
either side was improper.
R.V.KOdari
v.
Br. Manager, Chithamani
Nagari Co. pat. mar.Dhule
Om Kumar And Others The punishments imposed on the
v.
Union Of India . officer was one of the major
punishments. On a consideration of
the report of Justice Chinnappa
Reddy, the report of the Inquiry
Officer-Which are no doubt both
adverse to the officer, and the

Custody right or duty to care for
someone or something,
especially a child after its
parents have separated or
die.
Decree A judgment of a court that
announces the legal
consequences of the facts
found in a case and orders
that the court's decision be
carried out.
recommendations of the UPSC which
were favourable to the officer on
both occasions and the order of the
disciplinary authority which accepted
the finding as to misconduct. We feel
that the administrator's decision in
the primary role is not violative of
Wednesbury Rules. The punishment
awarded was a major punishment.
We, therefore, do not propose to
refer the matter to the Vigilance
Commissioner for further upward
revision of the punishment.
Rathna Moilthy THIS WRIT PETITION IS FILED UNDER
v.
Shekara Devadiga ARTICLES AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING
TO DIRECT THE COURT OF DISTRICT
JUDGE, UDUPI TO TAKE UP
R.A.NO.5/2007 FOR THE DISPOSAL
ON ITS MERITS AND TO DECIDE THE
APPEAL WITHIN THE OUTER LIMIT
THAT WOULD BE FIXED BY THIS
HON'BLE COURT.
Mohinidevi Gangaram Mali In view of the nature of decree drawn
v/s
Subhashchandra Tryambaklal in favour of the orig. plaintiff and
Trivedi agreement of understanding arrived
at between one of the plaintiffs and
the present petitioner on
confirmation given by one
Aniruddhray Girjashankarray, it will
not be possible for this Court to say
that the order under challenge is in
any way bad or illegal. The Suit for
declaration and injunction was filed
by two plaintiffs and merely because
one of the plaintiffs has been won
over by the present petitioner, it will
be difficult for this Court to say that
 the successful party cannot get the
order of declaration and injunction
executed through the competent
Court
Mohinidevi Gangaram Mali v.
Subhashchandra Tryambaklal Trivedi.

Maxims
LEGAL MAXIMS MEANING CASE LAW HELD

A verbis legis non From the words of Hardeep Singh The Supreme court held that an
est recedendum the law, there must interpretation which leads to the
v. conclusion that a word used by
be no departure State of Punjab the legislature is reluctant, should
be avoided as the presumption is
that the legislature has
deliberately and consciously used
the word for carrying out the
purpose of the act. The concept
behind such a principle is that the
legislature, being the supreme law
making body must know what it
intends in the words of the statue.
Absoluta An absolute Martab Ali The court mentioned that the
sentential judgement or words “loss” and “compensation
v. for the loss, destruction or
expositore non sentence needs no Union of India deterioration of goods” used in
indigent expositor Sec 77 of The Railways Act, 1989,
is quite plain and the words admit
of only one meaning ‘Absoluta
sentential expositore non
indigent.’ Sentence that is
 absolute and plain does not need
expositor (a person or thing which
explains about complicated
theory or idea).
Actus non facit An act does not R.Balakrishna Pillai In this case it was observed that
reum nisi mens sit make anyone guilty “criminal guilt would attach to a
v. State of Kerala man for violations of criminal law.
rea unless there is
However, the rule is not absolute
criminal intent or a and is subject to limitations
guilty mind. indicated in the latin maxim, it
signifies that there can be no
crime without a guilty mind. To
make a person criminally
accountable, it must be proved
that an act, which is forbidden by
law, has been caused by his
conduct, and that the conduct
was accompanied by a legally
blameworthy attitude of mind.
Thus, there are two components
of every crime, a physical element
and a mental element, usually
called actus reus and mens rea
respectively.”
Audi alteram No man should be Union of India the Apex Court has observed, The
partem condemned rule of audi alteram partem is a
v. rule of justice and its application
unheard W.N. Chadha is excluded where the rule will
itself lead to injustice. Thus, there
is exclusion of the application audi
alteram partem rule to cases
where nothing unfair can be
inferred by not affording an
opportunity to present and meet
a case. This rule cannot be applied
to defeat the ends of justice or to
make the law ‘lifeless, absurd,
stultifying and self defeating or
plainly contrary to the common
sense of the situation’ and this
rule may be jettisoned in very
exceptional circumstances where
compulsive necessity so demands.
Caveat emptor Let the buyer Ranbirsingh It was held that Sec 16(1) applies
beware where the buyer requires goods
Shankarsingh for a specific purpose and he
Thakur expressly or impliedly makes that
 v. purpose known to the seller, he
relies on the skills of the seller and
Hindustan General the seller’s usual course of
Electric business is to sell such goods
Corporation Ltd whether he is the actual producer
or not.
Cessante ratione Law itself ceases if
legis cessat lex the reason of the
ipsa law ceases
Dammun sine Injury suffered by Gloucester The defendant opened school in
injuria the plaintiff but front of plaintiff’s school causing
Grammar School damage to him. As due to an
there is no legal
increase of competition the
violation of any plaintiff has to reduce their fees
legal right of a from 40% to 12% per school per
person quarter. It was held that even
though the plaintiff has suffered
harm but there was no
infringement of any legal right,
therefore defendant can’t be held
liable.
Delegates non A delegated A.K. Roy and anr. was the first case in india which
potest delegare authority cannot be established the principle that a
v. delegated authority cannot again
delegated State of Punjab and be delegated as laid down by the
anr. maxim delegates non potest
delegare. In this case tha validity
of sub-delegation of power under
the Prevention of Food
Adulteration Act, 1954 was
questioned. Section 24(2)(e) of
the Act enables the State
Government to frame a rule for
delegation of powers and
functions under the Act, but it
clearly does not envisage non
potestdelegare merely indicates
that this is not normally allowable
but legislature can always provide
for sub-delegation of powers.
Thus, in other words the principle
laid down by the maxim is a
general rule but legislature can or
the authority making such law ca
provide for an exception by
expressly allowing sub-delegation
 of powers.
Delegates non The law does not State of Bihar and Chaking documents or filling in anf
submitting forms and returns,
potest delegare take notice of the Ors detouring to a public weighbridge
trivial matters. v. and the like can be an inconvenience
and the court can apply the maxim
Harihar Prasad de minimis non curat lex unless it is
Debuka and Ors. shown to be unreasonable and not in
the public interest.
it is a common principle which
provides that the judges will not sit in
judgment or take notice of extremely
minor transgressions of law.
Ejusdem generis Of the same kind Circuit City Stores The Supreme Court defined Ejusdem
generis as a situation in which
Inc, ‘general words follow specific words
v. are constructed to embrace only
objects enumerated by the preceding
Adams specific words’

Ex turpi causa non No action arises on T.C. Limited In this case, “A contract which was
not illegal from the beginning may be
oritur an immoral v. rendered illegal later by the method
contract George Joseph of performance which did not comply
with the statutory requirements. The
Fernandes appellant’s burden was to show that
the charter party was illegal to take it
out of the arbitration clause for if the
contract is illegal and not binding on
the parties the arbitration clause
would also not binding.”
Ignorantia facti Ignorance of fact is Motilal Padampat The maxim was considered by the
Supreme Court and observed, “It
excusat; an excuse, but Mills Ltd must be remembered that there is
Ignorantia juris ignorance of law is v. no presumption that every person
non excusat no excuse. knows the law. It is often said that
State of Uttar everyone is presumed to know the
Pradesh law, but that is not a correct
statement: there is no such maxim
known to the law.” So the Court in
very clear terms has stated the law,
there is no room for doubt. In a case
decided by the Supreme Court the
judges openly admitted that they
have never heard of the law which
was stated to have been violated by
an illiterate person in a remote
village. Therefore, the Court
acquitted the person charged for
violating the law.
Injuria sine Injury caused Bhim singh in this case the petitioner was an
damno without suffering v. MLA of J&K parliamentary assembly.
While he was going to attend the
any physical inury State of J&K assembly session, police wrongfully
or damage. arrested him. He was not even
presented before the magistrate
within the stipulated time i.e. his
fundamental right under article 21
was violated. it was held that the
respondent was responsible, and the
petitioner was liable to receive Rs.
50,000 from the defendant.
Nemo dat quod No one gives what Greenwood The defendant was the original
owner of a car and he entrusted a
non habet he doesn’t have v. man named Searle with car so that
Bennett he could carry out the repairs. Searle
used the car for personal purposes,
consequently crashing the car.
Thereafter, he sold the jaguar to a
garage owner named Harper for £75.
Harper was unaware that the Searle
was not the owner of the car. Harper
spent £226 to repair the car and sold
it to finance company. Court held the
plaintiff was owner of the car, Searle
did not have a title over the car, and
he could not transfer the title to
Harper. For the same reason, Harper
could not transfer the title of the car
to the insurance company because
he was not the rightful owner.
Nemo debet bis No one shall be Monica Bedi The apex court ruled that a passport
enrolled to fictitious name amount to
vexari punished twice for v. double jeopardy as a Portuguese
one crime state of Andhra court too had earlier convicted her
for owning forged passport.
Pradesh
Nemo debet esse No one should be Mineral here, the petitioners were granted a
mining lease for 99 years in 1947. But
judex in propria judged in his own Development in 1955, the government quashed
causa case Corporation Ltd. the license. The petitioners brought
an action against the minister passing
V. this order on the behalf of
State of Bihar government, on the ground that, the
petitioner in 1952 opposed the
minister in general election.
Therefore, on the account of political
rivalry, the minister passed such an
order, and hence the order was
suffered from personal bias.
Supreme court found the allegation
to be true and thus quashed the said
 order.
Noscitur a sociis The meaning of a Parsons Applying the rule of noscitur a sociis
held that, the words ‘model’ and
word may be known Brinckerhoff India ‘design’ cannot fall under definition
from accompanying Ltd. of ‘royalty’ under Explaination 2 ro
words Section 9(I)(VI) of the Income Tax
V. Act. They have to take colour from
Asstt. DIT (Int. Tax) the other words surrounding them,
such as, patent, invention, secret
formula or process or trade mark,
which are all species of intellectual
property.
Obiter dictum Something said in ANIL KUMAR It is impermissible for the high court
to overrule the decision of the apex
passing NEOTIA court on the ground that the
V. supreme court laid down the legal
position without considering any
UNION OF INDIA other point. It was pointed out in this
case that the high court cannot
question the correctness of the
decision of the supreme court even
though the point sought before the
high court was not considered by the
Supreme Court.
Qui facit per alium He who acts He who acts through another does
the act himself
facit per se through another the Indian Income-tax Axt is a self
does the act himself contained Code exhaustive of the
matters dealt with therein and its
provisions shown an intension to
depart from the coomon rule, qui
facit per alium facit per se. It has
been observed thus: “It has to be
remembered that the purpose of the
Act is to levy Income-tax, asses and
collect the same. The preamble of
the Act to consolidate and amend
the law relating to income tax and
super tax but that is the purpose of
the Act as disclosed in the preamble
of the First Indian Income Act of
1886. It follows, therefore, that all
the provisions contained in the Act
have been designed with the object
of achieving that purpose.”
Quod ab initio That which is bad A matter that is radically defective
from the beginning cannot be made
non valet, in from the beginning better after a period of time. A law
tractu temporis, does not improve that is in conflict with the
Non convalescit by length of time. constitution cannot be held valid
with passage of time. The fact that a
 custom was followed for a long
period cannot make it legally valid if
it was a legal wrong from the
beginning. For example, slave trade
was never legalized. Title of a slave
cannot be legal even when a stolen
slave is bought.
Quid pro quo Something in return The key to a quid pro quo business
agreement is a consideration, which
may take form of a good, service,
money or financial instrument. Such
considerations equate to a contract
in which something is provided and
something of equal value is returned
in exchange. Without such
considerations, a court may find a
contract to be invalid or nonbinding.
Ratio decidendi The reason for B. Shama Rao It was observed that any of the
decisions of a court which is binding
coming to a v. as a precedent is not because of the
particular legal Ut of Pondicherry end result or the order of that
decision decision but based on the reasons
and principles referred to in such a
decision. The ratio in deciding a case
would evolve from the interpretation
of a statute, principles of natural
justice, and the common law
principles. In the case of multiple
judges deciding a case, the reasons
cited by the majority of them will
have an effect of precedent on
further cases. But if the judges agree
with the judgment or order but not
with the ratio for arriving at such a
decision, such judgment or order
does not carry an obligation to be
followed as a precedent. Though it is
difficult to pick a ratio from a
judgment, the primary duty of judges
while arriving at a decision is to
determine a ratio, and the court’s
duty while citing a case as precedent
is to identify what is the ratio in such
a case. Ratio decidendi can be
determined by prioritizing the
material facts and leaving the
unimportant facts behind
Res ipsa loquitur The thing speak for Mittal and anr. The defendants had organized an eye
camp at Khurja along with the Lions
itself v. Club. 88 low risk cataract operations
State of U.P. and were undertaken during the period
 ors. of the camp. It was however,
disastrous as many of those who had
been operated upon lost their eye
sight due to post medical treatment.
Proceeding against the government
initiated for the negligence of the
doctors. Damages worth Rs 12500
were paid as interim relief to each of
the aggrieved. The decision was on
the basis of res ipsa loquitur as the
injury would not have occurred had
the doctors not been negligent in not
having followed up with post-
operation treatment. Res ipsa
loquitur can be applied in matters
where all the procedures have not
been followed and is not just limited
to the commission of ann act.
Res judicata A thing adjudged A thing or matter that has been
finally juridically decided on its
merits and cannot be litigated again
between the same parties.
Res nullins Nobody’s property Res Nullins means nobody’s property
or a thing which has no owner. If the
owner of the property abandons
property possessed by him then that
property is called res nullins.
For e.g. ‘A’ abandoned his gaming
console on the road; ‘B’ found it and
took it with him. Now in this case the
goods were Res Nullins and thus who
takes first possession of them, is to
be considered as owner of those
goods.
Respondeat The doctrine of law It makes the principle liable for the
wrong of an employee or agent if
superior that makes a master was committed within the scope of
liable for the wrong employment or agency.
of a servant For e.g. When a truck driver’s
negligence results in a truck accident,
a person injured in the accident may
be able to bring the truck driver’s
employer i.e. usually a trucking
company, into the lawsuit.
Rex non potest The king can do no A citizen cannot sue the state for any
alleged tort.
peccare wrong For e.g. Due to some reason and
some act of the State ‘A’ has to suffer
losses, however he was not able to
sue the state for it, as the state was
protected by the principle laid down
 by the maxim Rex Non Protest
Peccare

Salus populi The welfare and PRITAM PAL This thing can only be achieved when
justice is administered lawfully,
suprema lex esto safety of the people V. judicially, without fear of favour and
is the supreme law HIGH COURT OF without being hampered and
thwarted and this cannot be effective
MADHYA PRADESH unless respect for it is fostered and
maintained.
Sic utere tua ut Use your own REID It held that the right to excavate as
they did is unquestioned; but the
alienum non property in such a v. exercise of that right entailed an
laedas manner as not to LINNELL obligation to do for the protection of
injure that of matter those who they knew might be
expected to make use of the
adjoining yard what a prudent and
reasonable man would regard as
requisite, or usually sufficient, to
prevent a person using ordinary care
from falling into the excavation while
moving about the yard as was
customary.
Stare decisis To stand by ROE One of the most well-known case law
of U.S. ROE VS. WADE, where in the
decisions and not V. U.S. Supreme Court Ruled a woman’s
to disturb settled WADE right to elect to have an abortion to
matters be a constitutionally protected right.
Despite of the public opposition the
supreme court has consistently
upheld the Roe vs. wade decision as
Stare Decisis.
Ubi jus ibi Where there is right SARDAR AMARJIT the court held that the principle of
ubi jus ibi remedium is recognized as
remedium there is remedy SIGH KALRA a basic principle if the theory or
V. philosophy of law. The supreme
court also held that it is the duty of
PROMOD GUPTA, the courts to protect and maintain
the right of parties and help them
instead of denying them relief.
Vigilantibus non The law assists only The maxim refers to the obligation of
individuals to not only be aware of
dormientibus jura those who are their rights under the law, but also to
subveniunt vigilant and not be vigilant while exercising or using
those who sleep the same.
over their rights. For e.g. Filling an appeal at the high
court, in a civil suit from a lower
court, must be done within 90 days
from the date of its decree or order.
If X, the aggrieved party, approaches
the high court after the exhaustion of
 such a period, then the appeal would
not be entertained, by the
application of this maxim.
Volenti non fit To a willing person WOOLDBRIDGE A photographer was taking a photo
in a horse show; unfortunately he fell
injuria injury is not done V. into the race course and was injured
SUMMER by the galloping of a horse. Here also
the defendant was not liable.