Of the credit and duty of a judge, no question can arise; but it is otherwise respecting his knowledge, whether he be mistaken as to the law or fact.
LEGAL MAXIM
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...
It is a well settled principle of statutory interpretation that when there is a conflict between the general law and the special law then the special law shall prevail. This...
Quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsae esse non potest
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When the law gives anything to anyone, it gives also all those things without which the thing itself would be unavailable.
On this admitted position the petitioners cannot be held to be trespassers in respect of the dharmasala, temple and shops; nor can it be held that the dharmasala, temple and...
An act does not make a person guilty without a guilty mindConciousness Through it, a living being exists. It exists even at the molecular level. Mind is not able to...
In M.S. Bindra Vs. Union of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated...
It is a settled legal position that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute show...
A dying declaration made by person on the verge of his death has a special sanctity as at that solemn moment, a person is most unlikely to make any untrue...
“Nemo plus iuris ad alium transferre potest quam ipse habet” rule, which means “one cannot transfer more rights than he has” Supreme CourtSupreme Court The Court of last resort. Supreme...
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 crimeCrime A positive or negative...
FIVE LEGAL MAXIMS AND THEIR DERIVATIVES Matters shall be judged by their objectives(Al-Umur bi-maqasidiha) 1- Contractual stipulations are to be understood by their intended meaning, not strictly by their wording...