The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam ,Actori incumbit onus probandi etc with their English meaning and related case law.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
LLB LAW NOTES ON ADMINISTRATIVE LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Constitutional law.
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
LLB LAW NOTES ON ADMINISTRATIVE LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Constitutional law.
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
Types of writ and difference between public interest litigation and private inteAmulya Arcania Nenlore
types of writ under indian constitution
difference between public interest litigation and private interest litigation-mandamus,habeas corpus,prohibition,certiorari
This PowerPoint presentation is a brief about the Writ of Mandamus. The PPt covers the crux of the writ of Mandamus, its types, its advantages, who and against whom it can be filed, and more. This presentation on writ of Mandamus is covered under Administrative Law
The presentation TRANSFER OF PROPERTY ACT, 1882 includes the object of the Act, property, transfer, nature of transfer, kinds of transfer, the difference between movable and immovable property etc.
The presentation deals with Indemnity and guarantees comprising indemnity, different rights, guarantee, surety, principal debtor, creditor, an essential element of valid guarantee, indemnity vs guarantee, nature, and extent of surety's liability, types of guarantee, discharge of guarantee, rights of security, etc.
The presentation deals with women rights and human rights violations comprising human rights in India, significance, UDHR and its role, various forms of violation against women, honour killing etc.
The presentation comprises powers and functions of the President of India from the Constitutional perspective viz. Executive power, Legislative power, Financial power, Emergency power, Diplomatic Power, Military power, Pardoning power, etc.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
The presentation deals with a Special contract comprising CONTRACT OF INDEMNITY, CONTRACT OF GUARANTEE, CONTRACT OF BAILMENT, CONTRACT OF PLEDGE.It also includes different ingredients and aspects of indemnity, contract guarantee, Surety, and pledge.
The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam , Actori incumbit onus probandi , Actio Personalis Moritur Cum Persona , Actus Non Facit Reum Nisi Mens Sit Rea , Assignatus utitur jure auctoris etc .with their English meaning and related case law.
The presentation deals with human rights violations against women comprising different aspects of it viz. significance, UDHR, violence against women, Statistics in India, Honour Killing etc.
The presentation deals with Special contract in general and CONTRACT OF INDEMNITY ,
CONTRCAT OF GUARANTEE,
(SEC. 126 TO 147 )
CONTRACT OF BAILMENT and
CONTRACT OF PLEDGE in particular
International trade : Policy perspective and Startup strategyDR. ASHIS DASH
It is a comprehensive presentation on foreign trade starting from what is export to how to take post export incentive benefits and how to operate export firm, market, and product strategy, sell contract, risk management, policy provisions, different export promotion schemes, etc.
The presentation is divided into three parts. The first part of the presentation introduces the concept of Global Value Chains, standard value chain stages, and types of participation in GVCs. The second part deals with changes and development in international trade owing to GVCs in general and productivity growth and changes in employment patterns in particular. The third part of the presentation deals with different policy measures in terms of initiatives and schemes introduced by the Government of India to broaden participation in GVCs.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
2. What is legal maxim ?
A legal maxim is an established principle or proposition of law or a legal policy
usually stated in Latin form. Most of these Latin maxims originated from the
Medieval era in the European states that used Latin as their legal language. These
principles guides Courts all over the world in applying the existing laws in a fair and
just manner to enable the Courts in deciding issues before it. Such principles don't
have the authority of law but when Courts apply the maxims in deciding issues of
law or the legislature incorporates such maxims while framing laws, they take the
form of law and form the basis of sound judgements.
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3. Some legal maxims followed by Courts in India
Actus Dei Nemini Injuriam -law holds no man responsible for the Act of God.
Court held strike to be an act of god and held the maxim Actus Dei Nemini Facit
Injuriam squarely applicable to such cases. Court further stated that in abnormal
situations like strike in question, which can hardly be resisted by any litigant by
applying any amount of skill or ability of his own, the courts should not insist for strict
adherence to the procedural law so as to prejudice the interest of such litigants. In
legal sense such incidents are well covered by the expression "Acts of God." – Mali
Ram Mahabir Prasad Vs Shanti Debi & Ors., MANU/BH/0010/1992: AIR 1992 PAT 66.
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4. Actus Curiae Neminem Gravabit – An Act of the Court shall prejudice no man
This principle has been held to be fundamental to the system of justice and
application to Indian Jurisprudence – that no man should suffer because of the fault
of the court or delay in the procedure – Busching Schmitz Private Limited Vs P.T.
Menghani & Ors., MANU/SC/0344/1977: AIR 1977 SC 1569: 1977 (2) SCC 835.
Supreme Court used the legal phrase "actus curiae neminem gravabit" in support of
its conclusion that the legislature could not have intended to put a period of
limitation on the act of the court of taking cognizance of an offence so as to defeat
the case of the complainant – Bharat Damodar Kale & Ors. Vs State of A.P.,
MANU/SC/0794/2003: AIR 2003 SC 4560: 2003 (8) SCC 559.
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5. Actio Personalis Moritur Cum Persona – A personal right of action dies with the person.
Supreme Court held that the maxim "actio personalis moritur cum persona" – a
personal action dies with the person – has a limited application – operates in a
limited class of actions such as:
actions for damages for defamation, actions for assault or actions for other
personal injuries not causing the death of the party, and in other actions where
after the death of the party the relief granted could not be enjoyed or granting it
would be nugatory.
It was held that an action for account is not an action for damages ex delicto, and
does not fall within the enumerated classes. Nor is it such that the relief claimed
being personal could not be enjoyed after death, or granting it would be nugatory
– Girja Nandini Devi & Ors. Vs Bijendra Narain Choudhury,
MANU/SC/0287/1966: AIR 1967 SC 1124: 1967 (1) SCR 93.
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6. Actori incumbit onus probandi – the burden of proof lies on the plaintiff
The cardinal principle of law of evidence is that "Actori incumbit
onus probandi" – The burden of proof rests upon the plaintiff –
Indra Raja & Ors. Vs John Yesurethinam, MANU/TN/4369/2011.
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7. Actio personalis moritur cum persona – a personal action dies with the person
This rule operates in a limited class of actions ex delicto such as actions for
damages for defamation, assault or other personal injuries not causing the death
of the party, and in other actions where after the death of the party the relief
granted could not be enjoyed or granting it would be nugatory. An action for
account is not an action for damages ex delicto, and does not fall within the
enumerated classes. Nor is it such that the relief claimed being personal could
not be enjoyed after death, or granting it would be nugatory. Death of the person
liable to render an account for property received by him does not therefore affect
the liability of his estate – Girja Nandini Devi & Ors. Vs Bijendra Narain
Choudhury, MANU/SC/0287/1966: AIR 1967 SC 1124: 1967 (1) SCR 93.
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8. Actus Non Facit Reum Nisi Mens Sit Rea – The intent and act must both concur to constitute the crime
Criminal guilt would attach to a man for violations of criminal law. However, the rule
is not absolute and is subject to limitations indicated in the Latin maxim, actus non
facit reum, nisi mens sit rea. It signifies that there can be no crime without a guilty
mind. To make a person criminally accountable, it must be proved that an act, which
is forbidden by law, has been caused by his conduct, and that the conduct was
accompanied by a legally blameworthy attitude of mind. thus, there are two
components of every crime, a physical element and a mental element, usually
called actus reus and mens rea respectively – R.Balakrishna Pillai Vs State of Kerala,
MANU/SC/0212/2003: 2003 (9) SCC 700: 2003 (2) SCR 436.
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9. Assignatus utitur jure auctoris – an assignee is clothed with the rights of his principal
A leading rule concerning alienations and forfeitures
is “assignatus utitur jure auctoris” – an assignee is clothed with
the rights of his principal – K. Subbanna Rai Vs Deranna Rai &
Ors., MANU/KE/2503/2010.
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10. Affirmatis est probare – he who affirms must prove and Affirmanti non
neganti incumbit Probatio – the burden of proof lies upon him who
asserts and not upon him who denies.
• Madras High Court followed the above 2 maxims for arriving at its conclusion
that it is the bounden duty of the plaintiff to prove his case. The burden of proof
is ambulatory. It reiterated the law on the point that the initial burden of proof is
only on the plaintiff, who should enter into the box and prove his title positively –
Pappannan & Ors. Vs Kolandasamy, MANU/TN/1886/2012: 2012 (7) Mad
LJ 693
• High Courts assessed the evidence led by the parties, including the plaintiff by
applying the above 2 principles – (i) Ramaiyan Chinnadurai & Ors. Vs
Ramamirtham, MANU/TN/8822/2019; Arjunan Vs Munusamy & Ors.,
MANU/TN/0233/2013; (ii) Balbir Singh Vs Ganga Vishan,
MANU/DE/1141/2015
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11. Caveat venditor – seller beware
• The concept of ‘as is where is’ and ‘as is what is’ basis has lost its significance
in the current commercial milieu and the principle of caveat venditor is more on
the rise as compared to the outdated principle of caveat emptor. The Transfer of
Property Act, 1882, requires the seller to own up to certain duties and it is not
open to a responsible bank to take an innocent auction purchaser for a ride by
selling to him a tainted property and thereafter claim protection under the
principles of ‘buyer beware’ – (i) Mandava Krishna Chaitanya Vs UCO Bank,
Asset Management Branch, MANU/AP/0087/2018 (DB); (ii) V. Ravi Kumar
Vs UCO Bank, MANU/AP/0398/2018 (DB).
• Various judgments of SC and HC have replaced the rule of caveat emptor
by caveat venditor and when a property is put to sale, the Bank is under
statutory obligation to sell the secured asset with clear title free from any
encumbrance – The Corporation Bank & Ors. Vs Jayesh Kumar Jha,
MANU/WB/2300/2019; Rekha Sahu Vs UCO Bank & Ors.,
MANU/UP/1191/2013
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12. Delegatus non potest delegare – In the absence of power, a delegate
cannot sub-delegate its power to another person.
A 7 Judge Constitution bench of Supreme Court held that no legislative body can
delegate to another department of the government, or to any other authority, the
power, either generally or especially, to enact laws which embody the principle
underlying the maxim, delegatus non-protest delegate. The Court further clarified
that all that it means is that the legislature cannot abdicate its legislative functions
and it cannot efface itself and set up a parallel legislature to discharge the primary
duty with which it has been entrusted – In Re: The Delhi Laws Act, 1912,
MANU/SC/0010/1951: AIR 1951 SC 332: 1951 (2) SCR 747
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13. Ei incumbit probation, qui dicit, non qui negat – burden of proof lies upon
him who asserts and not upon him who denies.
The general rule as to the onus of proof is, that the proof of any particular fact
lies on the party who alleges it, not on him who denies it, “ei incumbit probatio
qui dicit, non qui negat”. The reason for the rule is, first that it is but just that he
who invokes the aid of the law should be the first to prove his case, and,
secondly, that a negative is more difficult to establish than an affirmative. These
principles have been clearly laid down in Sections 101 and 103 of the Evidence
Act – Patel Ramanbhai Mathurbhai Vs Govindbhai Chhotabhai Patel &
Ors., MANU/GJ/0774/2018.
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14. Ejusdem Generis – Of the same class, or kind.
A 5 judge Constitution bench held that the rule under the maxim is that when general
words follow particular and specific words of the same nature, the general words must
be confined to the things of the same kind as those specified. As laid down clearly by
decided cases, the specific words must form a distinct genus or category –
Kavalappara Kottarathil Kochuni & Ors. Vs The State of Madras & Ors.,
MANU/SC/0019/1960: AIR 1960 SC 1080: 1960 (3) SCR 887.
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15. Falsus in Uno Falsus in Omnibus – False in one thing, false in everything.
This maxim has been held not applicable in India and the witnesses cannot be branded
as liars. It was held that the maxim falsus in uno falsus in omnibus has not received
general acceptance nor has this maxim come to occupy the status of a Rule of law. It is
merely a rule of caution. All that it amounts to, is that in such cases testimony may be
disregarded, and not that it must be disregarded. The doctrine merely involves the
question of weight of evidence which a court may apply in a given set of circumstances,
but it is not what may be called “a mandatory Rule of evidence”. Merely because some
of the Accused persons have been acquitted, though the evidence against all of them,
so far as direct testimony went, was the same does not lead as a necessary corollary
that those who have been convicted must also be acquitted – (i) Rizan & Anr. Vs State
of Chhattisgarh, MANU/SC/0036/2003: (2003) 2 SCC 661; (ii) Krishna Mochi & Ors.
Vs. The state of Bihar, MANU/SC/0327/2002: AIR 2002 SC 1965: 2002 (6) SCC 81:
2002 (3) SCR 1.
Thank You!!!
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