MAXIMS AND PHRASES OF LAW

 MAXIMS AND PHRASES

Absolute sententia expositore non indiget. When you have plain words capable of only one interpretation, no explanation of them is required.

Actio personalis moritur cum persona. (Tort) personal actions die with the person. PLD 1961 Kar. 88.

Actus curiae neminem gravabit. An act of Court shall prejudice no man. (DB) PLD 1960 Kar. 174 = PLD 1961 Lah. 199 = PLD 1965 Lah. 628.

Actus die nemini facit injurium. The act of God prejudices no one.

Actus legis nemini facit injurium. The act of law injures no one.

Act of Court: A party should not suffer on account of an act or omission by the Court or State functionaries. 1997 SCMR 209, State v. Asif Adil etc.

Actus non facit reum, nisi mens sit rea. The intent and act must concur to constitute crime."Mens rea"; Where the Legislature has omitted to prescribe a particular mental condition, the presumption is that the omission is intentional. In such case the doctrine of Mens rea is not applicable. (1946) Cal. 127 Legal Remembrance Bengal v. Ambika Charan. PLD 1957 Lah. 903 Maqbool Hussain. PLD 1974 Kar. 477 Zaheer Ahmed. PLJ 1974 Cr.C. (Kar.) 498. Zahir Ahmed.

Affirimanti non neganti incumbit probatio. The burden of proof is upon him who affirms, not upon him who denies.

Allegans contraria non est audiendus. He who makes statements mutually inconsistent is not to be listened to. (DB) PLD 1953 Lah. 271.

Allegans suam turipitudinem non est audiendus. A person alleging his own infamy is not to be heard.

Aliquis non debet esse index in propria causa quia non protest esse index at pars. No man ought to be a judge in his own cause, because he cannot act as a judge and at the same time be a party, or Nemo debet esse judex in causa propria sua. None can be a Judge in his own cause. PLD 1965 Lah. 112 = PLD 1957 SC (Ind.) 346.

Argumentum ab inconvenient plurimum valet in lege. An argument based on inconvenience is of great weight in law.

Audi alteram partem.

(Hear other party). "No one shall be condemned unheard". Natural justice--failure of opportunity of hearing. No violation of natural justice where party affected had been heard in appeal and revision. (DB) PLD 1962 Lah. 254. Muhammad Shafi etc. PLD 1970 Pesh. 1. Sardar Khan etc.

"Audi allteram partem". In the absence of express exclusion for cogent reasons, the principle of Audi alteram partem, is to be read into the relevant provision if the action is going to affect any vested rights of a person. Makerwal Colliers Ltd. v. Govt. of N.-W.F.P. 1993 SCMR 1140.

The principle is not limited to Courts but is extended to all proceedings by whosoever made. (DB) PLD 1961 Kar. 709 Muhammad etc.

Passport cannot be impounded without notice to the accused. Denial or withholding of the passport to a citizen is one of the principal instruments of intimidation. Rights of free movements from one place to another is fully recognised by Islam. PLJ 1989 FS 46 in the matter of Passport Act.

Principle is not confined to judicial proceedings but it extends to all proceedings affecting person or property or other rights of parties. PLD 1965 Lah. 318. Imam Ali v. D.M. Lyallpur.

The principle is presumed to be embodied in a statute in absence of any provision to the contrary. (SC) PLD 1964 SC 451. East Pakistan v. Nur Muhammad.

Right is deemed to be incorporated in every enactment in absence of any provision to the contrary. (SC) PLD 1964 SC 461 Abdul Rehman v. Collector.

A licence or a passport cannot be cancelled or withdrawn by Government without hearing the party affected. (SC) 1972 SCMR 154. Superintendent Police v. Abubakar.

Nemo in auditus condemnari debet contumax. No one ought to be condemned without having been heard unless he is contumacious. (FB) PLD 1965 Dacca 122 Zakir Ahmed v. University of Dacca.

Benignae faciendae sunt inter pretationes at verba intentioni debent inservire. Liberal interpretation should be the rule and the words should be made to carry out the intention.

Causa causans. The immediate cause. The last link in the chain of causation.

Causa proxima non remota spectatur. The immediate not the remote cause is to be considered.

Caveat emptor. Let the buyer beware (Common law). (DB) PLD 1959 Lah. 681.

Caveat Venditor. Let the seller beware (Roman law).

Caessante causa, cessat effectus. When the cause ceases, the effect ceases.

Cessante ratione legis, cessat ipsa lex. The reason of law ceasing, the law itself ceases. (This is applicable to common law and not statute law to any considerable extent, PLD 1957 Kar. 167.

Chirographum apud debitorun repertum praesumitur solutum. A deed bond found with the debtor is presumed to be paid.

Cogitatio is poenam nemo patitur. The thoughts and intents of men are not punishable.

Confession facta in judicio omni probatione major est. A confession in judicial proceedings is of great force than all proof. (DB) 1973 P.Cr.LJ 269. Muhammad Khan v. Sarkar.

Consuetudo est altera lex. A custom has the force of law.

Consuetudo est optimus interpres legum. Custom is the best interpreter of the laws.

Consuetudo et communis assuetudo vinc it legum non scriptam, si sit specialis: et interpetatur legum scriptam, si lex sit generalis Custom and common usage overcome the unwritten law, if it be special; and interpret the written law if it be general.

Cui facit per allum facit per se. Whatever a person has power to do himself, he my do so by means of an agent. (DB) PLD 1962 Kar. 810.

De minimus non curat lex. The law does not concern itself with trifles. Section 95, P.P.C.

Eiqui affirmat, non ei qui negat, incumbit probatio: The burden of proof lies on him who affirms a fact, not on him who denies it.

Ejusdem generis: Of the same kind of nature.

Equity is primarily fairness or natural justice.

Equity-Maxims:

(1) Equity acts in personam.

(2) Equity acts on the conscience.

(3) Equity will not suffer a wrong to be without remedy.

(4) Equity follows the law.

(5) Equity looks on the intent rather than the form.

(6) Equity looks on that as done which ought to be done.

(7) Equity imputes an intent to fulfil an obligation.

(8) Equity remedies are discretionary.

(9) Delay defeats equities.

(10) He who comes into equity must come with clean hands.

(11) He who seeks equity must do equity.

(12) Equity regards the balance of convenience.

(13) Where there are equal equities the law prevails.

(14) Where there are equal equities the first in time prevails.

(15) Equity, like nature, does nothing in vain.

(16) Equity never wants (i.e., lacks) a trustee.

(17) Equity sides the vigilant.

(18) Equality is equity.

Ex curiae: out of Court.

Ex delito justitiae: A remedy with the applicant gets as of right. (from a debt of justice). PLD 1965 Lah. 439.

Ex delicto: Arising out of wrongs.

Ex diturnitate temporis omnia preasumuntur esse rite et solennitur acta: From lapse of time, all things are presumed to have been done rightly and regularly.

Ex dolo malo non oritur actio: No right of action can have its origin in fraud.

Ex mero motu: Of one's own free will.

Expressio unius exclusio alterius; Mention of one is the exclusion of another, is not of universal application. (SC) PLD 1965 SC 453.

"Expressio unius est alterius exclusio" i.e., Express mention of one thing implies exclusion of another. "Satute limiting a thing to be done in a particular form necessarily includes negative i.e., thing shall not be done otherwise. PLD 1971 Lah. 217 Chairman Evacuee Trust Property v. Muhammad Din etc. Expressio unius est exclusio alterius". (SC) PLD 1956 SC (Pak.) 331.

Expressum facit cessare tacitum: When there is express mention of certain things, than anything not mentioned is excluded. If doing of a particular thing is made lawful doing something in conflict of that will be unlawful. (SC) PLD 1964 SC 536.

Falsa demonstration non nocet: A false description does not vitiate a document. (SC) PLD 1960 SC 307.

Falsus in uno falsus in omnibus: when applied: Direct evidence of offence consisting of statement of single witness. Such statement regarded false in relation to some accused becomes subject to reasonable doubt in respect of the other accused as well. (SC) PLD 1954 FC 170 Muhammad Afsar v. Crown.

Falsus in uno falsus in omnibus: When evidence of a witness is found false regarding one accused it cannot be accepted regarding other accused unless there is strong independent corroboration against the other accused. PLD 1985 SC 11. Ghulam Sikander v. Mamrez Khan etc.

False implication of one accused: Eye-witnesses falsely implicated one of the accused whose alibi was beyond doubt. Their evidence cannot be accepted against other accused unless corroborated by other pieces of evidence. (DB) PLD 1958 Lah. 242 Rang Ali.

"Falsus in uno falsus in omnibus" is not a rule of universal application. Grain to be sifted from chaff. 1998 SCMR 1749, Piyaro. 1998 SCMR 1768, Nazeer Ahmed, 1998 SCMR 1823 Sardar Khan etc.

Falsus in uno Falsus in omnibus is not applicable in discarding evidence in whole; so much of evidence which is credible can be accepted. Court has to sift grain from the chaff. PLJ 1999 SC 933 Ahmed Khan v. Nazir Ahmed etc. = 1999 SCMR 803

Principle discarded: "Falsus in uno falsus in omnibus" has all along been discarded by the Courts in this country; similarly the rule that the "integrity" of a witness is indivisible" despite its moral virtue cannot be accepted as of universal application. "The grain has to be sifted from the chaff" in such case according to its circumstances. (SC) PLD 1970 SC 13 Tawaib Khan. (SC) 1973 SCMR 162 Samano. (DB) 1978 P.Cr.LJ 241 Allah Warayo.

Principle when not applicable: Several accused. One acquitted on basis of alibi and another because his participation was found doubtful because of old age. Contention that prosecution evidence is not reliable on the principle that a witness found false in part shall be disbelieved in whole, is not applicable in such a case. (SC) 1969 SCMR 132 Muhammad Nawaz etc. (SC) 1973 SCMR 215 Abdus Samad.

"Sifting grain of truth from falsehood": Evidence of a witness cannot be rejected outright because it conflicts with medical evidence on one point. (DB) PLD 1959 Lah. 987 Muhammad Sharif.

Sifting grain from chaff. When witnesses prejuring themselves on one part of the prosecution story they cannot be believed in respect of the other part of the story without independent corroboration 1982 SCMR 57. Ilahi Bux.

incomplete story from both sides would not deter the law Courts from determining the correct position for resolving controversy in the case. 1982 SCMR 337. Pervez v. Khan Bahadar etc.

Fiat justitia rust coelum: Let justice prevail, though the heavens should fall. (SC) PLD 1966 SC 854.

Finis finem litibus impoint: A fine puts an end to legal proceedings.

Flagrante delicto: In the commission of the offence. Provocation due to the sight by a husband of his wife in the act of adultery, reduces murder to man slaughter. i.e. from murder of culpable homicide not amounting to murder. (Section 302, PPC and section 304 (1), PPC).

Generalia specialibus non derogant: General thing do not derogate from special things. (SC) PLD 1957 SC (Pak.) 219 = PLD 1958 SC (Pak.) 383 = PLD 1956 Lah. 807.

Generalibus specialia derogant: Special things derogate from general things.

Habeas Corpus: "Have the body". A writ directing that a person illegally detained be produced before the Court.

Ignorantia juris quod quisque scire teneture non excusat: Ignorance of the law which everybody is supposed to know does not afford excuse.

Ignorantia legis niminem excusat: Ignorance of law is no excuse. PLD 1960 Lah. 319.

In pari materia. In an analogous case.

In limine. On the threshold.

Injuria non excusat injuriam: One wrong does not justify another.

Justice should not only be done but should be manifestly seen to be done: Interference by a minister in the trial of case proved. Case should be retried even though it is not proved that such interference was cause of the verdict. (FB) 45 Cr.LJ 244 R.C. Pollard v. Satia Gopal 210 IC 337.

Justice should not only be done but should be manifestly seen to be done; (SC) PLD 1959 SC (Pak.) 251. Akbar Ali.

Judicial officium suum excedient non paretur: Effect is not given to the decision of a Judge delivered in excess of his jurisdiction.

Judicis set jus dicere non dar: It is the province of a judge to administer law: not to make laws. PLD 1975 AJ & K 81.

Locus poententiae: A place or opportunity to repent.

Locus standi: A place or standing. The right to be heard in Court or other proceedings.

Mens rea (guilty intention) is always important ingredient of offence. PLJ 1974 Cr.C. (Kar.)498. Zahir Ahmed.

Mutatis mutandis: The necessary changes being made.

"Matatis mutandis: means that the law is to be applied with necessary change. PLJ 1985 SC 535. Allah Bakhsh.

Necessitas non habet legem: Necessity knows no law. Necessity may be an excuse for committing what should otherwise be a criminal offence.

Neminem opertet legibus esse sapientiorem: It is not permitted to be wiser than the laws.

Nemo debet his puniri pro uno delicto: No one should be punished twice for one fault. PLD 1965 Lah. 249.

Nemo debet esse judex in propria causa: No one can be judge in his own cause.

Nemo prohibetur pluribus defensionibus uti: No one is forbidden to use several defences.

Nihil facit error nominis cum de corpore constat: A mistake as to the name has no effect when there is no mistake as to who is the person meant.

Omnia pracsnmuntur legitime facta donec probetur in contrarium: All things are presumed to have been legitimately done, until the contrary is proved.

Omnia praesumuntur rite et solenniter esse acta: All acts are presumed to have been done rightly and regularly. PLD 1959 Lah. 186.

Optima est lex quae minimum relinquit arbitrio judicis: optimus judex qui minimum sibi: That system of law is best which confides as little as possible to the discretion of a judge; that judge is the best who trusts as little as possible to himself.

Quando aliquid mandatur, mandatur et omue per quod pervenitur ad iilud: When anything is commanded, everything by which it can be accomplished is also commanded.

Resipsa loquitur. Things speak for themselves. PLD 1966 Kar. 580.

Salus populi est superma lex: The welfare of the people is the supreme law. PLD 1965 Dacca 156.

Stabit praesumptio do nec probetur in contrarium: A presumption will stand good until the contrary is proved.

Status quo. The state in which the things are.

Suggestio falsi & supressio veri: suggesting something false and suppressing truth. (DB) PLD 1978 Kar. 84. Rais-ud-Din Shami v. M.L.A.

Summum jus summa Injuria. The rigor of the law (untempered by equity) is not justice but the denial of it.

Ubi jus ibi remedium: Where there is right, there is remdedy. PLD 1960 Lah. 591.

Voluntas in delictis non exitus spectatur: In crimes, the intention, and not the result, is looked to.

Volenti non fit injuria: That to which a man consents cannot be considered an injury. (SC) PLD 1963 SC 51.