Assignment Topic:

Mr. X and Mr. Y were neighbors. Mr. X had a land adjacent to his house. But all
on a sudden, one day Mr. Y claimed ownership of that land adjacent to their house
by showing fake instruments and started building a house there on. Consequently,
Mr. X got agitated and tried to dispossess him. After two days, Mr. X got
grievously injured by some local offenders and he brought allegations against Mr.
Y in police station. Mr. Y claimed that he was out of city while the fighting took
place. Then Mr. X filed a criminal suit against Mr. Y.
Solution:
Here, so many latin legal terms and legal maxims are used in this case.
Latin legal terms:
Aggrieved party: An aggrieved person must be a man who has suffered a legal
grievance, that is, a man against whom a decision has been pronounced which has
wrongfully deprived him of something ( mr. x and mr. y are aggrieved party).
Bona fide: in good faith
Mala fide: In bad faith
Prima facie: It is a cause of action /defence that is sufficiently established by
party’s evidence to justify & verdict in his favour provided such evidence is not
rebutted by the other party (mr.x got grievously injured by some local offenders
and he brought allegations against mr.y in police station).
Alibi: A claim or piece of evidence that one was elsewhere when an act, especially
a criminal one ,is alleged to have taken place ( when mr.x brought allegations
against mr.y in police station, he (Y) claimed that he was out of city while the
fighting took place).
Locus standi: The right or ability to bring a legal action to a court of law, or to
appear in a court (mr.x filed a criminal suit against mr.y).
Burden of proof: In a legal dispute, one party has the burden of proof to show that
they are correct, while the other party had no such burden and is presumed to be
correct ( here burden of proof is upon mr.y that if he had an intention to hurt
mr.x).
Legal Maxims:
Actus non facit reum, nisi mens sit rea: An act doesn’t make one guilty unless
there be any guilty intentions. A man is responsible not for his acts in themselves
but for his acts coupled with mens rea or guilty mind. Thus, one engaged in doing
a lawful act without any wrongful intention unfortunately kills another person, the
homicide is excusable.
Agentes et consentientes pari poena plectentur: Acting and consenting parties
are liable to the same punishment. A person aiding and abetting the actual
commission of a crime, either at the scene of its commission or else- where, is
equally liable with the perpetrator.
Ubi, Jus, Ibi Remedium: Where there is a right, there is a remedy.
Pari Delecto Potior Est Conditio Possidentis: Where both parties are equally in
the wrong, the possessor or the defendant has the better position or stronger
ground.
CASE: Holy Faith International Pvt…. Vs. Dr. Shiv K. Kumar
It was held that law established not for the benefit of plaintiff or defendant but it is
founded on the principles of public policy. Court will not assist an illegal
transaction in any respect. No court shall allow to make instrument of enforcing
the obligations alleged to arise out of a contract which is illegal.