ASSIGNMENT- II

SUBMITTED BY: SUBMITTED TO:

AMISHA GAUTAM PROF. MOHLEEN KAUR

UID: 18BAL1099

SEMESTER: Vth
 ACKNOWLEGMENT

The success and final outcome of this assignment required a lot of guidance and assistance and I am
extremely fortunate to have got this all along the completion of my assignment. Whatever I have done
is only due to such guidance and assistance and I would not forget to thank them.

I respect and thank Prof. Mohleen Kaur for giving an opportunity to do this assignment and
providing me all support and guidance which made me complete the assignment on time given by her.
I am extremely grateful to her for providing such a nice support and guidance.
 1. Law subsilentio

Sub silentio is a legal term Latin term which means “under silence or in silence: without notice being
taken or without making a particular point of the matter in question.”

EXPLANATION:

The maxim refers to something that implied but not expressly stated. Commonly, the term is used
when a court overrules the holding of a case without specifically stating that it is doing so.

ILLUSTRATION:

To assume that congress, which had enacted a criminal sanction directed against state judicial
officials, intended sub silentio to exempt those same officials from the civil counterpart approaches
the incredible.

CASE REFERENCE:

In Municipal Corporation of Delhi V. Gurnam Kaur,

The court while citing the above maxim and held that “a decision passes sub silentio, in the technical
sense that has come to be attached to that phrase, when the particular point of sub silentio.”

In another case Subin Mohammed S. V. Union of India,

The court observed that ‘precedents sub silentio and without argument are of no moment.’

2. Merits of codified law

Codification is a systematic process and reduction of the whole body of law into a code in the form of
enacted laws. Thus, the law which previously was in the shape of customs, ancient texts, judicial
decisions and fragmentary statutes is collected at one place and presented in systematic arrangement
which is known as code.

Advantages of codified law:

 Codification brings greater certainty of law in a legal system.

 Code of law is precise in forms and is therefore easier to learn.
 Statute law in code conforms the changing needs of the time.
 Statute law is impersonal in codification.
 3. Essentials of custom
Essentials of the valid customs are as follows:

 Antiquity: A custom to be recognized as law must be proved to be in existence from

time immemorial.
 Reasonableness: A custom must be reasonable
 Conformity with statute law
 Consistecy