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Latin & Legal Maxims

Expressum facit cessare tacitum-Expression precludes implication

advtanmoy 19/02/2020

Expressum facit cessare tacitum – Express mention of one thing implies the exclusion of other.  This doctrine has been applied by this Court in various cases to enunciate the principle that expression precludes implication. Union of India v. Tulsiram Patel, AIR 1985 SC 1416. It is always safer to apply plain and primary rule of construction. The first and primary […]

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  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

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