LEGAL MAXIMS-1

ACTUS NON FACIT REUM, NISI MENS SIT REA: The act does constitute guilt unless done with a guilty intent.
An act is not a crime unless committed with a particular criminal intention (mens rea). What constitutes the
mens rea is laid down in the IPC. Relevant case: State of MH vs MH George

ASSIGNATUS UTITUR JURE AUCTORIS: An assignee is clothed with the rights of the assignor.(E.g. when a copy
right holder assigns his rights to assignee/ relation of agent and principal)

AEQUITAS EST CORRECTIO LEGIS GENERALITER LATAE, QUA PARTE DEFICIT: Equity is a correction of general
law in the part where it is defective.

AUDI ALTERAM PARTUM: Hear the other side. Both sides should be heard before a decision is arrived at.

AUSTRE FOIS ACQUIT: Formerly acquitted. By this plea, a person charged with an offence pleads that he had
been tried before and acquitted of the same offence by a competent court.(US 3OO CrPC)

AUSTRE FOIS CONVICT: Formerly convicted. By this plea, a person charge with an offence pleads that he has
been tried before and convicted of the same offence by a competent court.

CAUSA CAUSANS: The immediate or the proximate or the efficient cause, as opposed to the remote cause.

CAUSA SINE QUA NON: A cause without which the effect would not have been caused.

CONSENSUS AD IDEM: Agreement by two or more persons upon the same thing is same sense; Or : The
common consent necessary for a binding contract.

CONSENTIENT ET AGENTES PARI POENA PLECTENTUR: Those consenting and those perpetrating are
embraced in the same punishment.

CORAM NON JUDICE: Before one who is not the judge; Or : Before a court that has no jurisdiction over the
matter.

DAMNUN SINE (ABSQUE) INJURIA: Damage without injury, that is damage caused without legal wrong.

INJURIA SINE DAMNO: Injury without damage; Or : An infringement of a rights without causing damage.

DOLI INCAPAX: Incapable of malice. In Indian law, this law is conclusive presumption has been adopted for
children under 7 years of age (US 82 IPC)

EX DOLO MALO NON ORITUR ACTIO: No right of action arises out of fraud.

EX PACTO ILLICITO NON ORITUR ACTIO: No action arises on an illegal agreement.

EX MALEFICIO NON ORITUR CONTACTUS: A contract cannot arise out of an illegal act.

EX NUDO PACTO ON ORITUR ACTIO: No action arises from a contract without consideration.

IGNORATIA LEGIS NEMINEM EXCUSAT/ IGNORANTIA LEGIS HAUD EXCUSAT/ IGNORANTIA LEGIS NON
EXCUSAT: Excuse of law is no excuse.
MALA IN SE: Acts which are wrong in themselves a being opposed to morality and ethics, contrasted with the
acts which are wrong only because they are prohibited by law.

MALA PROHIBITIA: Acts which are wrong because they are prohibited by law, as contrasted with mala in se.

LEGAL MAXIMS-2
Ab initio– “from the beginning”

accusator post rationabile tempus non est audiendus , nisi se bene de omissine excusaverit --- “an accuser is
not to be heard after a reasonable time unless he can account satisfactorily for the delay”

actori incumbit onous probandi--- “the burden of proof lies on the plaintiff or the prosecution” [Dayabhai
chaganbhai thakkar vs. state of Gujrat , AIR 1964 SC 1563(1566)]

actus curiae neminem gravabit --- “an act of the court shall prejudice no one” [1. sec. 77 IPC , 2. State of
Gujrat vs. Jagan bhai , AIR 1966 SC 1631]

actus dei nemini facit injuriam --- “the act of God is prejudicial to no one ; the law holds no man responsible
for the act of God : the act of god or Vis major is some inevitable natural calamity which generally excuses
from liability contractual or statutory”

actus legis nemini est damnosus --- “an act of law shall prejudice no man”

ad audiendum --- “ to hear ”

ad ea quae frequentius accidunt jura adaptantur --- “the laws are adapted to those cases which more
frequently occour”

aedificare in tuo proprio sole non licet quod alteri nou neceat --- “it is no proper to build upon one’s own
land what may be injurious to another”

aequitas nunquam contravenit leges --- “equity never counteracts the laws”

aequitas sequiter legem --- “equity follow the law. Equity does not claim to over ride the law. Equity generally
operates by recognising the legal rule and adding some further rule ,remedy or other machinery of its
own .thus in a case of trust , equity recognises the legal title of the trustee but compels him to hold it on trust
for the beneficiary”

affirmanti non neganti incumbit probatio --- “the burden of proof lies upon him who affirms , not upon him
who denies”
 amicus curiae --- “friend of the court ; one who voluntarily or on the invitation of the court , and not on the
instruction of the party helps the court in judicial proceedings”

animus deserendi --- “intention to desert”

assensio mentium --- “the meeting of minds i.e. mutual consent”

boni judicis est judicium sine dilatione mandare executioni --- “it is the duty of a good judge to order
judgment to be executed without delay”

boni judicis est lites dirimere ne lis ex lite oritur --- “it is the duty of the good judge to prevent litigation lest
suit arises from suit”