Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Ambiguitas verborum latens verifacatione suppletur; nam quod ex facto oritur ambiguum verificatione facti tollitur

A latent ambiguity in wording is resolved by evidence; for whatever ambiguity arises from an extrinsic fact is resolved by extrinsic evidence.

Confirmat usum qui tollit abusum

One confirms a use who removes an abuse. Conjunctio mariti et feminae est de jure naturae. The union of husband and wife derives from the law of nature.

Consensus tollit errorem. Consent removes an error

A person cannot object to something he has consented to.

Consuetudo neque injuria oriri neque tolli protest

A custom can neither arise nor be abolished by a wrong.

Consuetudo tollit communem legem

Custom takes away the common law.

Debitorum pactionibus creditorum petitio nec tolli nee minui potest

The creditors' suit can be neither quashed nor diminished by the contracts of their debtors.

Derogatur legi cum pars detrahitur; abrogatur legi, cum prorsus tollitur

There is derogation from a law when part of it is taken away; there is abrogation of a law when it is abolished entirely.

Dissimulatione tollitur injuria

Injury is wiped out by reconciliation.

Extincto subjecto, tollitur adjunctum

When the substance is gone, the adjunct disappears.

Interruptio multiplex non tollit praescriptionem semel obtentam.

Repeated interruptions do not remove a prescription (or acquisition by long use) once it has been obtained.

Longa possessio parit jus possidendi et tollit actionem vero domino

Long possession produces the right of possession and deprives the true owner of his action.

Matrimonium subsequens tollit peccatum praecedens

A subsequent marriage removes preceding fault.

Nihil tam naturale est quam eo genere quidque dissolvere quo colligatum est, ideo verborum obligatio verbis tollitur; nudi consensus obligatio contrario consensu dissolvitur

Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent is dissolved by the contrary consent.

Omnis consensus tollit errorem

Every consent removes an error. 2 Co. Inst. 123.

Parte quacumque integrante sublata, tollitur totum

When any essential part has been removed, the whole is removed (or destroyed).

Poena tolli potest, culpa perennis erit

The punishment can be removed, but the guilt will be perpetual.

Praesentia corporis tollit errorem nominis, et veritas nominis tollit errorem demonstrationis

The presence of the body cancels an error in the name; the truth of the name cancels an error in the description.

Quae dubitationis causa tollendae inseruntur communem legem non laedunt

Whatever is inserted for the purpose of removing doubt does not hurt the common law.

Quae dubitationis tollendae causa contractibus inseruntur jus commune non laedunt

Clauses inserted in agreements to remove ambiguity do not prejudice the general law. Dig. 50.17.81.

Scriptae obligationes scriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur

Written obligations are undone by writing, and the obligation of mere consent (or naked agreement) is dissolved by a bare consent to the contrary.

Sublata causa tollitur efectus

Remove the cause and the effect ceases.

Sublato principali, tollitur adjunctum

When the principal has been taken away, the adjunct is also taken away.

Tempus enim modus tollendi obligationes et actiones, quia tempus currit contra Besides et sui juris contemptores

For time is a means of destroying obligations and actions, because time runs against those who are inactive and show little respect for their own rights.

Toll

vb. 1. To annul or take away <toll a right of entry>. 2. (Of a time period, esp. a statutory one) to stop the running of; to abate <toll the limitations period>.

Tollage

1. Payment of a toll. 2. Money charged or paid as a toll. 3. The liberty or franchise of charging a toll.

Tolle voluntatem et erit omnis actus indifferens

Take away the will, and every action will be indifferent.

Ubi aliquid impeditur propter unum, eo remoto, tollitur impedimentum.

When anything is impeded by reason of one thing, when that is removed, the impediment is removed.

Veritas demonstrationis tollit errorem nominis

The truth of the description removes the error of the name.

Veritas nominis tollit errorem demonstrationis

The truth of the name takes away the error of the description.

altius non tollendi

[latin "of not raising higher"] roman & civil law. a servitude prohibiting a landowner from building a house above a certain height.

altius tollendi

[latin "of raising higher"] roman & civil law. a servitude that allows a landowner to build a house as high as desired.

equitable tolling

The doctrine that the statute of limitations will not bar a claim if the plaintiff, despite diligent efforts, did not discover the injury until after the limitations period had expired. ( Equitable tolling does not require misconduct by the defendant.

port toll

A duty paid for bringing goods into a port.

servitus altius non tollendi

[Latin "the servitude of not building higher"] Roman law. A servitude allowing a person to prevent a neighbor from building a higher house.

tolling agreement

An agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff's claim, usu. so that both parties will have more time to resolve their dispute without litigation.

tolling statute

A law that interrupts the running of a statute of limitations in certain situations, as when the defendant cannot be served with process in the forum jurisdiction.