Legal Maxims

action personalis moritur cum persona

* A personal right of action dies with the person. When he dies, the suit should abate.
AIR 1957 SC 253 (Syedna Taher Saifuddin Saheb v. State of Bombay)

* The maxim is applicable only when the action is one for damages for a personal wrong. It has no application in a suit for property.
AIR 1958 SC 1042 (Kakumanu Pedasubhayya v. Kakumanu Akkamma)

actroi incumbit onus probandi

* The burden of proof lies on the Plaintiff or prosecution.
AIR 1964 SC 1563 (Dahyabhai Chhaganbhai Thakkar v. State of Gujarat)

ad idem

- Of the same mind; agreed.

audi alteram partem

* Hear the other side. No man shall be condemned unheard. It is one of the cardinal principle natural justice.
AIR 1974 SC 1471 (Nawabkhan Abbaskhan v. State of Gujarat)

allegans contraia non est audiendus

* He who makes statement mutually inconsistent is not to be listened to. A man should not be permitted to blow hot and cold.
AIR 1956 SC 593 (Nagubhai Ammal v. B. Shama Rao)

de facto

* really actual; in fact – a person in physical control or defacto possession may have in interest but no right to continue; where a person in possession , de jure, actually or constructively has the right to use, enjoy, destroy or alienate property.
AIR 1990 SC 2292 (Krishna Kishore Firm v. State of Andhra Pradesh)

de jure

* By right; rightful

decree nisi

* A decree is said to be made nisi when it is to take effect after a specified period or after the person affected by it failed to show cause against it within a certain time.

ex nudo pacto non oritur acto

* No actum arises from a nude contract – a contract without consideration.

ex officio

* By virtue of his office.
2002 (5) SCC 111 (Pradeep Kumar Biswas v. Indian Institute of Chemical Biology)

ex post facto

* by a subsequent act; retrospective.

per Incuriam

* The decision can be said as given per incuriam when the SC has acted in ignorance of a previous decision of its own or when the High Court has acted in ignorance of the decision of the SC.
(1990) 3 SCC 684 (Punjab Land Development and Reclamation Corporation v. Labour Court)

* “Incuria” literally means “carelessness”. In practice, per incuriam appears to mean per ignoratium.
(1991) 4 SCC 139 (State of UP v. Synthetics and Chemicals)

* Order passed by the High Court in ignorance and without taking notice of the principles laid down by Supreme Court – will have to be regarded as a judgment per incuriam.
GLR 2004 (2) 792 (H.M. Sheth v. Staet of Gujarat) :Cr.L.J. 2004 3628