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09/04/2026
  • Law

EX PROPRIO VIGORE

advtanmoy 26/12/2018 2 minutes read

© Advocatetanmoy Law Library

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By its own power or force. Something which has its own inherent power and capacity.

Examples: If Clause (c) of Section 44 were applicable proprio vigore to income from Khudkasht land, there was no necessity to incorporate it by specific reference in Clause (d)(iii) of the same Section. In other words, the deduction mentioned in Clause (c) of Section 44 could have no application to the income assessed from the source under Clause (b) of Section 39, but for the special provision made in Sub-clause (iii) of Clause (d) of Section 44.

When a police officer investigates into a cognizable offence under the provisions of Chapter XII of the Code of Criminal Procedure, he performs a statutory duty and the report submitted by him u/s 173 of the Cr.P.C. is a statutory report and has force proprio vigore and it entails civil consequences.

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An order like Annexure ‘A’ ordinarily binds the parties only and here the State which is the appellant is seriously prejudiced by that order but is not a party to it. Therefore, it cannot bind the State proprio vigore.

An admission made in a pleading is not to be treated in the same manner as an admission in a document. An admission made by a party to the lis is admissible against him proprio vigore.

 

 

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