Section 114 in The Indian Evidence Act, 1872 [Entire Act]
have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before
Search Results Page
Search Results
1 - 10 of 46586 (3.80 seconds)Indore Development Authority vs Manoharlal And Ors. Etc. on 6 March, 2020
committed is fundamental and of long standing. It is reflected in the
maxim nullum crimen nulla poena sine lege. It is protected by article ... with less force,
outside the criminal sphere. It is again expressed in maxims, lex prospicit non
respicit and omnis nova constitutio futuris temporibus formam imponere
Syad Akbar vs State Of Karnataka on 25 July, 1979
control. Thus, the two-fold
requirement for the application of the maxim is that the res
must not only bespeak negligence ... lines of approach in regard to
the application and effect of the maxim, res ipsa loquitur.
According to the first, where the maxim applies
Ramdev Food Products Private Limited vs State Of Gujarat on 16 March, 2015
based on language of Section 202(3) cannot be
accepted.
24. The maxim 'expressio unius est exclusion alterious'
(express mention of one thing ... this Court observed as follows on
the scope of the maxim:
"19. Further, for the rule of interpretation on the
basis of the maxim
Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal on 14 July, 2020
Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal on 14 July, 2020
Equivalent citations: AIR 2020
Sarah Mathew vs Inst., Cardio Vascular Diseases & Ors on 26 November, 2013
person other than a police officer.
d. Operation of legal maxims can be excluded by statutes but
operation of statutes cannot be excluded by legal ... maxims.
Reliance on a maxim by this Court in Japani Sahoo for carving
out an exception and supplying words to the complete Code of
limitation
Neeraj Kumar Sainy And Ors vs State Of U.P And Ors on 21 March, 2017
respondents.
17. Learned senior counsel for the appellants would submit that the maxim
actus curiae neminem gravabit or “an act of the court shall prejudice ... seminal question that is required to be posed is whether the
maxim actus curiae neminem gravabit would be applicable to such a case. In
Jang
Shyam Sunder And Othes vs The State Of Rajasthan on 12 March, 1974
injuries
sustained in jumping out of truck on caution by drive--Maxim
res ipsa loquitur--Applicability of Constitution of India,
Art. 300-Tortious liability ... driver and pleading
sovereign immunity.
The trial Court relied on the maxim res ipsa loquitur, found
that in putting the truck on the road
Virender Singh vs Laxmi Narain And Anr. on 1 November, 2006
himself a party to an illegality or fraud is expressed in the maxim in pari delicto portior est conditio defendantis. But as stated in Anson ... illegal contract into which he has entered- cases to which the maxim does not apply. They fall into three Classes (a)where the illegal purpose
Sanjay Gupta vs State Of Uttar Pradesh Through Its Chief ... on 12 April, 2022
Sanjay Gupta vs State Of Uttar Pradesh Through Its Chief ... on 12 April, 2022
Author