Maxim

Maxim "audi alteram partem" applies with full vigour to administrative action affecting rights and it also applies to judicial, quasi-judicial and administrative bodies

Where a statute is silent, the justice of the common law supplies the omission of the legislature and the right of hearing has to be read in that statute.

Expression; "Leges vigilantibus non dormientibus subserviuent" or "Vigilantibus Non Dormeintibus Jura Subveniunt" articulates that the law aids and assists those who are vigilant but not those who are sleeping or slumbering.

The latin phrase "interest reipublicae ut sit finis litium" accentuates that "it is in the interest of the State that there be an end to litigation.

The legal maxim "nullus commodum capere potest de injuria sua propria" delineates that no man can take advantage of his own wrong

If a person sets up a strategy to thwart the legal rights of others, he cannot be allowed to take benefit of his wrong

At the same time, another legal maxim "ignorantia juris non excusat" cannot be ignored, which describes that ignorance of the law is no excuse and nobody can get away from being held accountable for being in violation of the law by merely pleading that he was unaware of the consequences.

The legal maxim "nullus commodum capere potest de injuria sua propria" delineates that no man can take advantage of his own wrong

If a person sets up a strategy to thwart the legal rights of others, he cannot be allowed to take benefit of his wrong

At the same time, another legal maxim "ignorantia juris non excusat" cannot be ignored, which describes that ignorance of the law is no excuse and nobody can get away from being held accountable for being in violation of the law by merely pleading that he was unaware of the consequences.

Said maxim articulates that the law aids and assists those who are vigilant but not those who are sleeping or slumbering.

No blessings can be accorded to a transaction which is void ab initio.

No one can be prejudiced by the act of the Court.

Official acts are presumed to have been rightly done.

No one should be punished for the deed of another.

Maxim 'ut res magis valeat quam pereat' mandates that a construction be adopted that gives efficacy to the statute rather than having it fail.

Fraud and justice never dwell together.

When law requires a thing to be done in a particular manner, the same must be done accordingly and if prescribed procedure is not followed, it would be presumed that the same had not been done in accordance with law.

It is in the interest of State that there should be an end to litigation.

Latin maxims "ejusdem generis" and "expressio unius est exclusio alterius" exemplify that when two rules or laws exist, one general and one specific, the specific rule takes precedence over general rule.

This is a routine tenet of statutory interpretation, emphasizing that where there is a conflict between general and special law, the special law prevails.

No one should benefit from their wrongdoing.

Expressio unius est exlusio alterius denotes that to express or include one thing implies the exclusion of the other or of the alternative, keeping in mind that if a law or contract explicitly mentions one thing it is assumed that other things are not included.

Phrase ex visceribus actus deciphers the principle that every section/clause of a statute should be construed with reference to the context and other clauses of the Act, so as to make a consistent enactment of the whole statute or series of statutes relating to the subject matter.

Principle of giving effect to the matter rather than having it fail.

Doctrine of ex debito justitiae refers to remedies to which a person is entitled to as of right, as opposed to a remedy which is discretionary

Such maxim applies to remedies that a Court is bound to give when they are claimed, as distinct from those that it has discretion to grant, where it is the foremost duty of Court to do complete justice.

Let justice be done though heavens fall.

He who derives a benefit ought also to bear a burden.

No word in statute should be treated as a certain surplusage or rendered ineffective or purposeless if Court is to carry out legislative intent fully and completely.

It is in the interest of State that there should be an end to litigation.

Mode of proof is the procedure by which the "facts in issue" as also "the relevant facts " have to be proved during the trial

In the present case, the petitioners/defendants were unable to produce medical record showing their assertion regarding disease of the deceased suffering from mouth cancer and that at the time of writing will deed, he was unable to talk

Revision petition was dismissed.

An act of Court or any authority must not cause prejudice to any individual.

Act of Court should prejudice no man.

Legal doctrine of "Interest reipublicaeut sit finis litium" (it is in the interest of society as a whole that litigation must come to an end); "Re judicata pro veritate occipitur" (judicial decision must be accepted as correct) and "Nemo debet bis vexari pro uno et eadem causa" (no person shall be vexed twice) have been long established by the Supreme Court and ought to be considered while adjudicating a lis.

Said maxim means 'a new law ought to regulate what is to follow, not the past'.

Said maxim means 'a new law ought to regulate what is to follow, not the past'.

When law requires a thing to be done in a particular manner, it should be done in that manner otherwise same would be deemed as illegal.

Where a statute has conferred a power to do an act and prescribed a mechanism for exercise of that power, such power cannot be exercised for the purposes of performing the act by adopting a different method, other than what has been prescribed.

In legal history and practice lex specialis derogat legi generali means where two laws govern same factual situation, a law governing specific subject matter (lex specialis) overrides the law which governs general matters on the same subject (lex generalis).

Said maxim is an elementary principle of law and any person having a right has a corresponding remedy to institute suits in a Court unless the jurisdiction of the Court is barred

Such principle acknowledges the subsistence of a legal right and can also be invoked when the law seemingly does not provide a remedy for the enforcement of such right.

Judicial proceedings are blessed with presumption of truth on the principle intended to be conveyed by the rule, Omnia praesumuntur rite et solemniter esse acta i.e., all acts are presumed to have been rightly and regularly done.

Plaintiff can succeed only by what he has alleged and proved.

Judicial proceedings are blessed with presumption of truth on the principle intended to be conveyed by the rule, Omnia praesumuntur rite et solemniter esse acta i.e., all acts are presumed to have been rightly and regularly done.

Sleeping over his rights is such a right which is no longer available as it is barred by laches.

Expression of one thing is exclusion of the other.

Expression of one thing is exclusion of the other.

Said maxim quite literally translates to "the one who approbates, cannot reprobate" or "that which I approve, I cannot disapprove"

Doctrine of approbate and reprobate was established upon Scottish Laws and is now an essential principle of equity

To approve or reject anything is to approbate or reprobate

Person cannot approbate and reprobate something simultaneously, according to law

Doctrine of approbate and reprobate is also commonly known as the "doctrine of election" in English Law

Doctrine of election bases itself upon the maxim "allegans contraria non est audiendus" which means when people make comments that contradict one another, they will not be heard.

When law requires a thing to be done in a particular manner, it should be done in that manner otherwise same would be deemed as illegal.

When anything is prohibited directly, it is prohibited also indirectly.

Every word and every provision is to be given effect and none should be ignored so as to needlessly be given another interpretation that causes it to duplicate another provision or to have no consequence

Redundancy could not be attributed to legislation

Words cannot be considered meaningless, else they would not have been used.

When anything is prohibited directly, it is prohibited also indirectly.

Principle 'audi alteram partem' is attracted only in a case where the opportunity of hearing is not afforded by the Court to a party to the proceedings in spite of the fact that the party was present before the Court or was absent but was not properly served in accordance with law

Principle shall not apply in a case where the party, despite proper service of notice and opportunity granted by the Court, chooses to remain absent, or appears either personally or through counsel and then deliberately abstains itself from participating in the proceedings.

Let justice be done though the heavens fall.

Said maxim is akin to the doctrine of benefits and burdens which at its most basic level provides that a person taking advantage under an instrument which both grants a benefit and imposes a burden cannot take the former without complying with the latter

Person cannot approbate and reprobate or accept and reject the same instrument.

No one can confer a better title in property than he himself possessed.