Accessorium non ducit sed sequitur suum principale – An accessory does not draw, but follows its principal.
Accessorius sequitur – One who is an accessory to the crimeCrimeA positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. cannot be guilty of a more serious crime than the principal offender.
Actio non datur non damnificato – An action is not given to one who is not injured.
Actio non accrevit infra sex annos – The action has not accrued within six years.
Actio personalis moritur cum persona – A personal action dies with the person.
Actori incumbit onus probandi – The burden of proof lies on the plaintiff.
Actus nemini facit injuriam – The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea – The act does not make one guilty unless there be a criminal intent.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores – The judges do not answer to a question of fact; the jury do not answer to a question of LawLawPositive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis..
Aedificare in tuo proprio solo non licet quod alteri noceat – It is not lawful to build on one’s own land what may be injurious to another.
Aequitas legem sequitur – Equity follows the law.
Alibi – At another place, elsewhere.
Allegans contraria non est audiendus – One making contradictory statements is not to be heard.
Allegans contraria non est audiendus – One making contradictory statements is not to be heard.
Ambiguitas verborum patens nulla verificatione excluditur – A patent ambiguity is never helped by averment.
Ambiguitas verborum patens nulla verificatione excluditur – A patent ambiguity is never helped by averment.
Argumentum ab auctoritate fortissimum est in lege – An argument drawn from authority is the strongest in law.
Arma in armatos sumere jura sinunt – The laws permit the taking up of arms against the armed.
Assentio mentium – The meeting of minds, i.e. mutual assent.
Audi alteram partemAudi alteram partemAsst. Commissioner Commercial Tax v. M/s Shukla and brothers (2010) 4 SCC 785:
“9. The increasing institution of cases in all Courts in India and its resultant burden upon the Courts has invited attention of all concerned in the justice administration system. Despite heavy quantum of cases in Courts, in our view, it would neither be permissible nor possible to state as a principle of law, that while exercising power of judicial review on administrative action and more particularly judgment of courts in appeal before the higher Court, providing of reasons can never be dispensed with. The doctrine of audi alteram partem has three basic essentials. Firstly, a person against whom an order is required to be passed or whose rights are likely to be affected adversely must be granted an opportunity of being heard. Secondly, the concerned authority should provide a fair and transparent procedure and lastly, the authority concerned must apply its mind and dispose of the matter by a reasoned or speaking order. This has been uniformly applied by courts in India and abroad.” – Hear the other side.
Bona fide – Sincere, in good faithFaith πίστει.
Causa proxima, non remota spectatur – The immediate, and not the remote cause is to be considered.
Consensus ad idem – AgreementContractAn agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. as to the same things.
Corpus delicti – The body, i.e. the gist of crime
Crimen omnia ex se nata vitiat – Crime vitiates every thing, which springs from it.
Crimen trahit personam – The crime carries the person.
Cursus curiae est lex curiae – The practice of the court is the law of the court.
Damnum sine injuria – damage without legal injury.
Ei incumbit probatio qui dicit, non qui negat – The burden of the proof lies upon him who affirms, not he who denies.
Ex dolo malo actio non oritur – A right of action cannot arise out of fraud.
Ex praecedentibus et consequentibus optima fit interpretatio – The best interpretation is made from things preceding and following.
Falsa demonstratio non nocet – A false description does not vitiate.
Fatetur facinus qui judicium fugit – He who flees judgmentJudgmentThe statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision.
Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144)
Supreme Court NetworkOn Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….”
Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) confesses his guilt.
Fraus est celare fraudem – It is a fraud to conceal a fraud.
Frustra probatur quod probatum non relevat – That is proved in vain which when proved is not relevant.
Habemus optimum testem confitentem reum – We have the best witness, a confessing defendant.
Ignorantia facti excusat, ignorantia juris non excusat – Ignorance of fact excuses, ignorance of law does not excuse.
Impotentia excusat legem – Impossibility is an excuse in the law.
In alta proditione nullus potest esse acessorius; sed principalis solum modo – In high treason no one can be an accessory; but a principal only.
In criminalibus probationes debent esse luce clariores – In criminal cases the proofs ought to be cleared than the light.
Intentio inservire debet legibus, non leges intentioni – Intention ought to be subservient to the laws, not the laws to the intention.
Judicis est judicare secundum allegata et probata– It is the duty of a judge to decide according to the allegations and the proofs.
Jus dicere, non jus dare – To declare the law, not to make the law.
Justitia est duplec; severe puniens et vere praeveniens– Justice is two-fold; severely punishing and in reality prohibiting (offences).
Lex non deficere potest in justitia exhibenda – The law cannot fail in dispensing justice.
Sublato fundamento cadit opus – Foundation being removed structure falls .
Suppressio veri expressio falsi– A suppression of truth is equivalent to an expression of falsehood.
Ut poena ad paucos, metus ad omnes, perveniat – That punishment may come to a few, the fear of it should affect all.
Voluntas in delictis non exitus spectatur – In offences the intent and not the result is looked at.
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