Legal maxims india They are often asked in many law entrance examinations such as CLAT (Common Law Aptitude Test) in India and other International examinations as well. Bharati Vidypeeth’s Yashwantrao Chavan Law College, Karad * Union of India v. For example, “pacta sunt servanda” (agreements must be kept) ensures states adhere to their commitments, fostering trust and predictability in international relations. Forum Non Conviniens A doctrine allowing a court with jurisdiction over a case to dismiss it because the convenience of the parties and the interest of justice would be better served if the case were brought in a court having proper Sep 26, 2023 · Storey in elucidation of the above maxim explained that “where a rule either of the Common Law or the Statute Law, is direct, and governs the case with all its circumstances on a particular point, the Equity Court is as much bound by it as a Court of Law, and can as little justify a departure from it. Dec 20, 2021 · Maxims of equity are those principles developed by the court of chancery in its effort to ameliorate the hardship of common law. Legal maxims are scattered in every legal document right from statute to books or journals related to law. 143; I. Legal maxims have modified the language. A legal maxim is a principle that is established or proposition of law, and a types of truism and general maxim. Apart from that, legal maxims also help to strengthen one’s legal aptitude. Legal maxims are used everywhere from legal paperwork to legal examinations. Tel : 91-9818083219 Email : delhi@legalmaxims. Since its first publication in 1845, Herbert Broom’s masterly exposition has proved itself to be the definitive guide to ancient principles of Roman Law that have found a place in the legal code of every civilized society. These sayings, which are frequently expressed in Latin, have grown over centuries of legal precedent and use. The discretion of the court is governed by law and equity which are subservient to one another. 2015. Naveen Toppo, a 5th-year law student at the National University of Study and Research in Law, Ranchi and is an intern at MyLawman. The maxim refers to the necessary changes having been made or with consideration of the respective differences. Candidates must note that legal maxims are one of the most important topics in Legal Aptitude subject. A Aug 16, 2022 · Rules of law or legal maxims do not give rise to or make law but the rules or maxims are appropriate modes of stating briefly what the law is, and are only of importance or value in so far as they accurately express the law. Sep 5, 2019 · Introduction. B student from the Maharaja Sayajirao University, Faculty of Law, Vadodara. 8. In Roman Law legis Actio prevailed from c. 43: acta est Jun 11, 2024 · This is among the most important legal maxims in deciding a case’s judgement; the interpretation of this legal maxim is that ‘things speak for themselves. The legal maxim “Damnum Sine Injuria” means damage without injury. Constitution of India. The reason for this is that ancient Rome's legal system has had a strong influence on the legal systems of most western countries. JUDICIAL REVIEW IN INDIA : MAXIMS AND LIMITATIONS Vibhuti Singh Shekhawat* The guardian of the Constitution, the democratic edifice and people's liberties, the judiciáry in India is, of late, perceived as the most convenient mechanism of arbitration, accomodation and conflict resolution. Jan 1, 2015 · Such problems are also referred to as conflict of law. Legal Maxims Meaning. Mar 20, 2025 · Legal maxims are a crucial component of the Legal Aptitude section in the Common Law Admission Test (CLAT). A very similar phrase is nemo tenetur seipsum accusare. ernet. A failure to adhere to uberrimae fidei is grounds for voiding the agreement. Relevance: Their role in the CLAT PG 2026 exam and question types. Legal maxims (mostly Latin word or words) are established principles of law which are universally admitted and people in legal field are very well aware of these words (called legal maxims). Legal Maxims are a very important tool of interpretation. ” Legal maxims are necessary as we use terms to a definition. Mar 20, 2025 · If you are appearing for law entrance exams in the country it is important to learn legal maxims. Get familiar with frequently asked maxims to boost your legal reasoning skills. It examines its fundamental ideas, historical development, and ongoing relevance in contemporary India. Firstly, the plaintiff calls the defendant in public to visit court, also he can be taken by force if he refuses. 3, ISSN No 2349-624X, (page 43 to 45) March 2015. Maxims are used in legal paperwork and Mar 13, 2025 · Legal Maxims with Case Laws in India . These maxims consist of Latin phrases or concise combinations of words, and legal practitioners are familiar with them. Jul 13, 2019 · Bona vacantia is used to describe a situation where a certain amount of goods are unclaimed over a period of time. Just like in Geometry, we have axioms; in law, we have legal maxims and phrases. 2 7. 11. Practice, (4) Procedural Doctrines, and (5) Substantive Law Doctrines. A. 422, D Block, Addl Building Complex, Supreme Court of India, New Delhi- 14. The maxims cover fundamental principles like actori incumbit onus probandi (the burden of proof is on the plaintiff), nemo debet bis vexari pro una et eadem causa (no man shall be punished twice for the same offense), and pacta sunt servanda (agreements must be kept). Prof. [2] Corpus delicti - The facts and circumstances constituting a crime. relevant to tax context. From Oct 25, 2024 · Legal maxims, established principles or propositions of law, are concise and well-recognized phrases often in Latin, providing guiding principles that support judicial reasoning. An attempt is made to not only state the legal principle signified by a maxim/phrase but its A compilation of important legal maxims and foreign words to assist you in attaining a tight grasp over the aspects of Legal Aptitude. 1874 Broom A Selection of Legal Maxims. 1. Legal maxim A Legal Maxim is an established principle or proposition. … Legal Maxims – Interpretation of Statutes Mahendra Subhash Khairnar, Asst. 2 8. 2. ” This document provides a list of over 50 important legal maxims and Latin phrases for law exams and the legal field. Equity Follows the Law. There are many legal maxims, which are commonly used. The maxim refers to a contract of legal agreement, requiring the highest standard of good faith during disclosure of all material facts that could influence the decision of the other party. Feb 11, 2024 · Legal Maxims for CLAT 2025: In this article, discover the top 50 important legal maxims for CLAT 2025 exam preparation. E xplanation: Refers to starting afresh or from the beginning. The trial further is divided in Nov 3, 2023 · This article is written by Aahna Upadhyay of 1st Semester of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya Abstract This abstract offers a brief synopsis of the research that explores the Rule of Equity in Indian law. The Latin term, apparently a variant on maxima, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on Regular definitions, and Sententiae juris are, in some measure, collections of maxims. According to Bouvier’s Law Dictionary, 1856 a maxim is defined as “An established principle or proposition. , ‘ab initio’ which means ‘from the beginning’ 2. The top design institutes fees ebook provides detailed information about the fee structure offered by different institutes such as NIFT, Pearl Institute, NID, and more institutes. 3. If you are appearing for CLAT 2025 exam and are in search of important CLAT legal maxims, then this blog post is for you. Dec 5, 2021 · Maxims are very prevalent for legal purposes. Feb 23, 2021 · The influence of these maxims has not only touched lawyers and law students but also common folks. L. B Hons] Also Read: Latin Legal Maxims; History And Use Of Legal Maxim In Law; Legal Maxim: Doctrine Of Ostensible Owner; Legal Maxims: Forum Non Conveniens, In Loco Parenti Jul 1, 2021 · 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. Important Judgments and Legal Maxims PDF. Ab extra - From outside. The author has tried to portray a fair picture in this regard. […] Mar 1, 2015 · Legal Maxims and their meaning. The maxim “Equity follows the law” (also known as Equitas sequitur legem) is used as a guiding principle in equity and courts around the world. Here are ten examples of legal maxims along with case laws to illustrate their usage: Maxim: "Ignorantia juris non excusat" Meaning: Ignorance of the law is no Jan 22, 2025 · Legal maxims play a significant role in international law, harmonizing diverse legal systems and fostering cooperation among nations. It states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. Written By: Arushi Srivastava - Student [BALL. or an act does not constitute guilt unless done with a guilty intention. Blacks Law 6th Edition - SecA. Legal Dictionaries Online • Merriam-Webster's Dictionary • Roget's International Thesaurus of English Words and Phrases • Webster's Dictionary (1913 Edition) • Glossary of Legal Terms Dec 21, 2024 · The All India Bar Examination (AIBE) is a gateway for law graduates to practice law in India. A vinculo matrimonii - From the bond of matrimony. Legal maxims, their interpretations, significant court rulings that make use of them, and the pertinent paragraph in which the maxim was referenced in the aforementioned court ruling. Most Used Legal Maxims, Translation and Meanings. For a more thorough understanding, view the judgment's whole wording. Each decision that contained the maxim (qāʿidah) in its legal consideration was selected as relevant case sample and was then analyzed to find how the maxim was used as legal argumentation to respond to a petition and/or demurrer. 20. Candidates can expect to encounter at least 4-5 questions based on legal maxims in this section. Few Other Important Legal Maxims. 4. When such a situation arises then the goods or the property goes to the government and the government serves as the custodian of those goods or prop Mar 2, 2022 · The principle and concept of stare decisis is enshrined in the Latin maxim ‘stare decisis et non quieta movere’ and is embodied in Article 141 of the Constitution of India, 1949. Do check it out! A-Z Comprehensive List of Important Legal Maxims A – Important Legal Maxims A Verbis Legis Non Est, Recedendum From the words of the law, there must be… Read More » Feb 1, 2021 · This article is written by Ayushi Mahajan, from Centre For Legal Studies, Gitarattan International Business School (Guru Gobind Singh Indraprastha University). As Geometry has axioms, in law there are legal maxims. Jan 6, 2022 · Keywords: Legal maxim, Law, Act, Statutes, Contrary, Similar, Latter. Latin maxims were developed in the Medieval era in European countries that used Latin as their language in courts of law. A must read for every student and lawyer alike. A Legal Maxim is an recognized principle or proposition of law. March 2015; 3(1):43; Authors: Anita Yadav. 16180 Identifier-ark ark:/13960/t0tr6dh37 Identifier-bib Accession Number: E03359 Broom’s Legal Maxims is a comprehensive study on Legal Maxim. This article explains and illustrates everything you need to know about the aforementioned legal maxim. No ownership is claimed over those goods or property. The law is often described as “a body of rules. Legal Guide. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties 19. hfo lslyar csgb ulzy vknqx dynwbpel rgnv bzfn fywz fnmlccq rnne jflpq yolwiri cjjmemza fwbkeoby