Legal Maxims

Audi Alteram Partem is a latin phrase that means to hear both sides."Audi alteram
partem" is considered to be a principle of fundamental justice or equity or the
principle of natural justice in most legal systems. This principle includes the rights of
a party or his lawyers to confront the witnesses against him, to have a fair
opportunity to challenge the evidence presented by the other party, to summon
one's own witnesses and to present evidence, and to have counsel, if necessary at
public expense, in order to make one's case properly

Example: A judge refuses to allow the counsel of the defendant a platform to

address the court and make his arguments and passes an order.(Premise)
This is in violation of the maxim of audi alteram partem. The principle entails that
both parties are allowed a chance to put forward their cases.Furthermore, The
Supreme Court in  Nawabkhan Abbaskhan V. State of Gujarat, held that any order
passed that is in violation of the principles of natural justice is void ab initio ( void
from the get-go) and since the maxim of audi alteram partem has its basis in natural
justice , the order passed by the judge would be void.( arguments)

Injuria sine damno is a violation of a legal right without causing any harm, loss or
damage to the plaintiff and whenever any legal right is infringed, the person in
whom the right is vested is entitled to bring an action. Every person has an absolute
right to his property, to the immunity of his person, and to his liberty & infringement
of this right is actionable per se. It is widely used in tort law

Example: A person is charged for the same crime twice (premise)

This is a violation of legal right without causing injury or harm to the individual.The
violation of the right here becomes the cause for a suit since double jeopardy is
prohibited by law as per article 20(2) of the constitution, which in itself is derived
from another legal maxim(nemo debet bis vexari, si constat curice quod sit pro una
iti eadem causa) (arguments).