doubt, it is quite obvious and axiomatic in view of the following maxims:
(i) Affirmantis est probare He who affirms must prove,
and (ii) Affirmanti ... deeds are found written.
30. At this juncture, I recollect the following maxims:
(a) Verba generalia genaraliter sunt intelligenda General words are to be understood
hark back to the following maxims:
(i) Ex dolo malo non oritur actio Out of fraud no action arises; fraud never gives a right ... oritur contractus : A contract cannot arise from misconduct.
21. All these sister maxims would convey that If any agreement whether oral or written
undivided share.
12. I recollect and call up the following maxims:
(i) Affirmatis est probare He who affirms must prove.
(ii) Affirmanti, non neganti incumbit ... Where there is a right, there is a remedy.
15. The above maxim clearly exemplifies and demonstrates that if at all there is any right
case.
47. I would like to recollect and call up the following maxim:
In re dubia magis infitiatio quam affirmatio intelligenda In a doubtful matter ... claim. As such I am of the view that scarcely the following maxims, could be cited in support of the Will.
(a) Verba generalia genaraliter
into the common hotchpot or pot-pourri.
19. I recollect the following maxims:
(i) Affirmatis est probare He who affirms must prove.
(ii) Affirmanti ... lies upon him who affirms, not upon one who denies.
The above maxims would indicate that the burden is on the person who affirms
which this Act extends.
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11. I recollect and call up the following maxims:
(i)Expressio unius, exclusio alterius. {The express mention of one thing implies ... specialibus non derogant. {Generalities do not derogate from special provisions.}
These sister maxims would unassailably and unequivocally, highlight and spotlight the fact that whenever there
same.
9. At this juncture, I hark back to the following maxims:
(i) Rerum suarum quilibet est moderator et arbiter - Every one is the regulator ... that D1 cannot capitalise his own fault or negligence. I recollect the maxims:
(i) Nullus commodum capere potest de injuria sua propria
ipsa loquitur is squarely applicable to this case in addition to the maxims (1) Actus curiae neminem gravabit-An act of court shall prejudice ... rectified by the appellate/revisional Court keeping in mind one other maxim also 'Error juris nocet'(Error of lawinjures
Bench of this Court.
11.At this juncture I recollect the following maxim:
'Judicia posteriora sunt in lege fortiora' The later decisions ... belies logic and reason as it is in conflict with the maxims:
(i)'Sublato principali, tollitur adjunctum' When the principal has been taken
common path way.
21. 'Ubi jus, ibi remedium' is the maxim. As has been countenanced by me supra, the right of common usage ... along with bathe water.
25. I call up and recollect the following maxims:
(a) Verba generalia genaraliter sunt intelligenda General words are to be understood
