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PAPER : V -
LEGAL LANGUAGE -
LEGAL WRITING
INCLUDING
GENERAL ENGLISH

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1.SHORT ANSWER TYPE
QUESTIONS
1.COMMON LAW
Common law is a body of unwritten laws based on
precedents established by the courts. Common
law influences the decision-making process in novel
cases where the outcome cannot be determined
based on existing statutes.
2.JUDGEMENT:-
A decision of a law court or judge
3.PROHIBITION:-
Prohibition is the act or practice of forbidding
something by law; more particularly the term refers
to the banning of the manufacture, storage (whether
in barrels or in bottles), transportation, sale,
possession, and consumption of alcoholic
beverages. The word is also used to refer to a
period of time during which such bans are enforced.
India[edit]
Main article: Alcohol prohibition in India
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Further information: Temperance movement in India
In India alcohol is a state subject and individual
states can legislate prohibition, but currently most
states do not have prohibition and sale/consumption
is freely available in 25 out of 29 states. Prohibition
is in force in the states
of Gujarat, Bihar and Nagaland, parts of Manipur,
and the union territory of Lakshadweep. All
other States and union territories of India permit the
sale of alcohol.[9]
Election days and certain national holidays such
as Independence Day are meant to be dry
days when liquor sale is not permitted but
consumption is allowed. Some Indian states
observe dry days on major religious
festivals/occasions depending on the popularity of
the festival in that region.
4.CONCLUSION:-
A conclusion of law is a determination by a judge
or ruling authority regarding thelaw that applies in a
particular case. ... For example,
a conclusion of law may determine that evidence
cannot be introduced in a trial, based on evidentiary
rules excluding illegally obtained evidence.
5.LIABILITY:-
Any legal responsibility, duty or obligation. The
state of one who is bound in law and justice to do
something which may be enforced by action.
Thisliability may arise from contracts either express
or implied or in consequence of torts committed
6.MANDAMUS:-
Mandamus (/ˈmænˈdeɪməs/; lit. 'we command') is
a judicial remedy in the form of an order from a
court[1] to any government, subordinate
court, corporation, or public authority, to do (or

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forbear from doing) some specific act which that
body is obliged under law to do (or refrain from
doing), and which is in the nature of public duty, and
in certain cases one of a statutory duty. It cannot be
issued to compel an authority to do something
against statutory provision. For example, it cannot
be used to force a lower court to reject or authorize
applications that have been made, but if the court
refuses to rule one way or the other then a
mandamus can be used to order the court to rule on
the applications.
Mandamus may be a command to do an
administrative action or not to take a particular
action, and it is supplemented by legal rights. In
the American legal system it must be a judicially
enforceable and legally protected right before one
suffering a grievance can ask for a mandamus. A
person can be said to be aggrieved only when he or
she is denied a legal right by someone who has
a legal duty to do something and abstains from
doing it.
7.BIGAMY:-
In cultures that practice
marital monogamy, bigamy is the act of entering
into a marriage with one person while still legally
married to another.[1] Bigamy is a crime in most
Western countries, and when it occurs in this
context often neither the first nor second spouse is
aware of the other.[2][3] In countries that have bigamy
laws, consent from a prior spouse makes no
difference to the legality of the second marriage,
which is usually considered void.
8.FRAUD:-
Fraud is generally defined in the law as an
intentional misrepresentation of material existing
fact made by one person to another with knowledge
of its falsity and for the purpose of inducing the other
person to act, and upon which the other person
relies with resulting injury or damage.
9.SUBSTANTIVE LAW:
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Substantive law is the set of laws that governs how
members of a society are to behave.[1] It is
contrasted with procedural law, which is the set of
procedures for making, administering, and enforcing
substantive law.[1] Substantive law
defines rights and responsibilities in civil law,
and crimes and punishments in criminal law.[1] It
may be codified in statutes or exist
through precedent in common law.
8. FRAUD:-
Fraud is generally defined in the law as an
intentional misrepresentation of material existing
fact made by one person to another with knowledge
of its falsity and for the purpose of inducing the other
person to act, and upon which the other person
relies with resulting injury or damage.
9.SUBSTANTIVE LAW:-
Substantive law is the set of laws that governs how
members of a society are to behave.[1] It is
contrasted with procedural law, which is the set of
procedures for making, administering, and enforcing
substantive law.[1] Substantive law
defines rights and responsibilities in civil law,
and crimes and punishments in criminal law.[1] It
may be codified in statutes or exist
through precedent in common law.
10.LEX LOCI:l-
In conflict of laws, the term lex loci (Latin for "the
law of the place")[1] is a shorthand version of
the choice of law rules that determine the lex
causae (the laws chosen to decide a case).
The relevant rules are:
 Lex fori
 Lex loci actus
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 Lex loci arbitri Judicial Review refers to the power of

 Lex loci celebrationis the judiciary to interpret the constitution and to
 Lex loci contractus declare any such law or order of the legislature and
 Lex loci delicti commissi executive void, if it finds them in conflict the
 Lex loci protectionis (Schutzlandprinzip) Constitution of India. ... It has the power to reject
 Lex loci rei sitae any law or any of its part which is found to be
 Lex loci solutionis unconstitutional.
 Lex situs

11.ABSOLUTE LIABILITY:-
Absolute liability is a standard of legal
liability found in tort and criminal law of
various legal jurisdictions. To be convicted of an
ordinary crime, in certain jurisdictions, a person
must not only have committed a criminal action, but
also have had a deliberate intention or guilty mind
(mens rea).
12.ORDER:-
A court order is an official proclamation by a judge
(or panel of judges) that defines
the legal relationships between the parties to a
hearing, a trial, an appeal or other court
proceedings. Such ruling requires or authorizes the
carrying out of certain steps by one or more parties
to a case.
13.WRIT OF QUO- WARRANTO:-
Quo Warranto. A legal proceeding during which an
individual's right to hold an office or governmental
privilege is challenged. ... Statutes describing quo
warrantousually indicate where it is appropriate.
Ordinarily it is proper to try the issue of whether a
public office or authority is being abused.
15.THEFT:-
Theft, in law, a general term covering a variety of
specific types of stealing, including the crimes of
larceny, robbery, and burglary. Theft is defined as
the physical removal of an object that is capable of
being stolen without the consent of the owner and
with the intention of depriving the owner of it
permanently.
16.CONSUMER:-
According to Article 1(4) of
the Consumer Protection LaW, a 'consumer' is
considered to be any natural person or legal entity
to which a product or service offered on the market
is addressed.
this Consumer Protection Act protects the
interests ofconsumers in India against deficiencies
and defects in goods or services. It makes provision
for the establishment of consumer councils and
other authorities for the easier and quicker
settlement of consumers' disputes and related
matters.
17. TORT:-
a wrongful act or an infringement of a right (other
than under contract) leading to legal liability.

A tort, in common law jurisdictions, is a civil

14.JUDICIAL REVIEW:- wrong[1] that causes a claimant to suffer loss or

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harm resulting in legal liability for the person who
commits the tortious act.
Tort law in India is a relatively new
common lawdevelopment supplemented by
codifying statutes including statutes governing
damages. ... Tort is breach of some duty
independent of contract which has caused damage
to the plaintiff giving rise to civil cause of action and
for which remedy is available.
18. PRIVATE NUISANCE:-
an unlawful interference with the use and enjoyment
of land.
A private nuisance is a civil wrong; it is the
unreasonable, unwarranted, or unlawful use of one's
property in a manner that substantially interferes
with the enjoyment or use of another individual's
property, without an actual Trespass or physical
invasion to the land.
Section 268 of the Indian Penal Code defines
PublicNuisance as “An act or illegal omission which
causes any common injury, danger or annoyance to
the people in general who dwell, or occupy property,
in the vicinity, or which must necessarily cause
injury, objection, danger or annoyance to persons
who may have occasion ...
19.FORGERY:
The making of a false document knowing it to be
false with intent that it should be used or acted on
as genuine to the prejudice of another. The term is a
construction of criminal law and as such is limited to
the precise definition of the criminal statute in each
jurisdiction.
20.WRIT:-
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a form of written command in the name of a court or
other legal authority to act, or abstain from acting, in
a particular way.
21.DECREE:-
an official order that has the force of law.
The judgment forms the concluding part of the civil
suit and it determines the rights and liabilities of the
parties. Basically judgment is followed by a decree
which is its operating part. Historically, there was the
distinction between judgment and decree. Common
Law adheres to the judgment while the Equity Court
of Law deals with the decree. But later on Judicature
Act was passed in U.K. which merged the distinction
between judgment and decree. In U.S. also,
distinction between judgment and decree has lost its
relevance but in India, the distinction between
judgment and decree has still maintain its position
from the initiation of the old Code of Civil Procedure,
1859. The present Code of Civil Procedure, 1908
also recognizes this distinction.
22.INTERVENTION:-
intervention is a procedure to allow a nonparty,
called intervenor (also spelled intervener) to join
ongoing litigation, either as a matter of right or at the
discretion of the court, without the permission of the
original litigants. The basic rationale for intervention
is that a judgment in a particular case may affect the
rights of nonparties, who ideally should have the
right to be heard.
23.BATTERY:-
Battery is a criminal offense involving the unlawful
physical acting upon a threat, distinct

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from assaultwhich is the act of creating
apprehension of such contact.
Battery is a specific common law misdemeanor,
although the term is used more generally to refer to
any unlawful offensive physical contact with another
person, and may be a misdemeanor or a felony,
depending on the circumstances. Battery was
defined at common law as "any unlawful and or
unwanted touching of the person of another by the
aggressor, or by a substance put in motion by
him."[1] In most cases, battery is now governed
by statutes, and its severity is determined by the law
of the specific jurisdiction.
24.WRONGFUL CONFINEMENT:-
Section 343 of Indian Penal Code. "Wrongful
confinement for 3 or more days"
Whoever wrongfully confines any person for three
days, or more, shall be punished
with imprisonment of either description for a term
which may extend to two years, or with fine, or with
both.
25. GRIEVOUS HURT:
Section 325 of The Indian Penal Code –
Punishment for voluntarily causing grievous hurt.
Whoever, except in the case provided for by Section
335, voluntarily causes grievous hurt, shall be
punished with imprisonment of either description for
a term which may extend to seven years, and shall
also be liable to fine
26.TRESSPASS:-
Trespass is an area of tort law broadly divided into
three groups: trespass to the person, trespass to
chattels and trespass to land.
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Trespass to the person, historically involved six
separate trespasses: threats, assault, battery,
wounding, mayhem, and maiming.[1] Through the
evolution of the common law in various jurisdictions,
and the codification of common law torts, most
jurisdictions now broadly recognize three trespasses
to the person: assault, which is "any act of such a
nature as to excite an apprehension of battery";[2]
battery, "any intentional and unpermitted contact
with the plaintiff's person or anything attached to it
and practically identified with it"; and false
imprisonment, the "unlawful obstruction or
deprivation of freedom from restraint of
movement."[3]
Trespass to chattels, also known as trespass to
goods or trespass to personal property, is defined
as "an intentional interference with the possession
of personal property...proximately causing injury."[4]
Trespass to chattel, does not require a showing of
damages. Simply the "intermeddling with or use
of...the personal property" of another gives cause of
action for trespass.[5] Since CompuServe Inc. v.
Cyber Promotions,[6] various courts have applied
the principles of trespass to chattel to resolve cases
involving unsolicited bulk e-mail and unauthorized
server usage.[7]
Trespass to land, the form of trespass most
associated with the term trespass, refers to the
"wrongful interference with one's possessory rights
in [real] property."[8] Generally, it is not necessary to
prove harm to a possessor's legally protected
interest; liability for unintentional trespass varies by
jurisdiction. "At common law, every unauthorized
entry upon the soil of another was a trespasser",
however, under the tort scheme established by the
Restatement of Torts, liability for unintentional
intrusions arises only under circumstances evincing
negligence or where the intrusion involved a highly
dangerous activity.[9]
2: Trespass to the Person
There are three types of trespass, the first of which
is trespass to the person. Whether intent is a
necessary element of trespass to the person varies
by jurisdiction. Under English decision, Letang v
Cooper,[10] intent is required to sustain a trespass
to the person cause of action; in the absence of

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intent, negligence is the appropriate tort. In other
jurisdictions, gross negligence is sufficient to sustain
a trespass to the person, such as when a defendant
negligently operates an automobile and strikes the
plaintiff with great force. "Intent is to be presumed
from the act itself."[11] Generally, trespass to the
person consists of three torts: assault, battery, and
false imprisonment.
2.1: Assault
Under the statutes of various common law
jurisdictions, assault is both a crime and a tort.
Generally, a person commits criminal assault if he
purposefully, knowingly, or recklessly inflicts bodily
injury upon another; if he negligently inflicts bodily
injury upon another by means of dangerous
weapon; or if through physical menace, he places
another in fear of imminent serious bodily injury.[12]
A person commits tortious assault when he engages
in "any act of such a nature as to excite an
apprehension of battery bodily injury." In some
jurisdictions, there is no requirement that actual
physical violence result—simply the "threat of
unwanted touching of the victim" suffices to sustain
an assault claim.[13] Consequently, in R v
Constanza,[14] the court found a stalkers threats
could constitute assault. Similarly, silence, given
certain conditions, may constitute an assault as
well.[15] However, in other jurisdictions, simple
threats are insufficient; they must be accompanied
by an action or condition to trigger a cause of
action.[16]
Incongruity of a defendant's language and action, or
of a plaintiff's perception and reality may vitiate an
assault claim. In Tuberville v Savage,[17] the
defendant reached for his sword and told the plaintiff
that "if it were not assize-time, I would not take such
language from you." In it's American counterpart,
Commonwealth v. Eyre,[18] the defendant shouted
"if it were not for your gray hairs, I would tear your
heart out." In both cases, the courts held that
despite a threatening gesture, the plaintiffs were not
in immediate danger. The actions must give the
plaintiff a reasonable expectation that the defendant
is going to use violence; a fist raised before the
plaintiff may suffice; the same fist raised behind the
window of a police cruiser will not.[19]
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2.2: Battery
Battery is "any intentional and unpermitted contact
with the plaintiff's person or anything attached to it
and practically identified with it." The elements of
battery common law varies by jurisdiction. In the
United States, the American Law Institute's
Restatement of Torts provides a general rule to
determine liability for battery:[20]
An act which, directly or indirectly, is the legal cause
of a harmful contact with another's person makes
the actor liable to the other, if:
a) the act is done with the intention of bringing about
a harmful or offensive contact or an apprehension
thereof to the other or a third person, and
b) contact is not consented to by the other or the
other's consent thereto is procured by fraud or
duress, and
c) the contact is not otherwise privileged.
27.PUBLIC NUISANCE:-
28.NEGLIGENCE:-
I. MEANING: In everyday usage, the word
‘negligence’ denotes mere carelessness. In legal
sense it signifies failure to exercise standard of care
which the doer as a reasonable man should have
exercised in the circumstances. In general, there is
a legal duty to take care when it was reasonably
foreseeable that failure to do so was likely to cause
injury. Negligence is a mode in which many kinds of
harms may be caused by not taking such adequate
precautions.
II. DEFINITION:

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· WINFIELD AND JOLOWICZ: According to Winfield
and Jolowicz- Negligence is the breach of a legal
duty to take care which results in damage,
undesired by the defendant to the plaintiff [Ref.
Winfield and Jolowicz on Tort, Ninth Edition, 1971,
p. 45].
· In Blyth v. Birmingham Water Works Co., (1856)
LR 11 Exch. 781; ALDERSON, B. defined
negligence as, negligence is the omission to do
something which a reasonable man…….. would do,
or doing something which a prudent or reasonable
man would not do.
· In Lochgelly Iron & Coal Co. v. Mc Mullan, 1934
AC 1; LORD WRIGHT said, negligence means more
than headless or careless conduct, whether in
commission or omission; it properly connotes the
complex concept of duty, breach and damage
thereby suffered by the person to whom the duty
was owing.
III. ESSENTIALS OF NEGLIGENCE: - In an action
for negligence, the plaintiff has to prove the
following essentials:
1. DUTY TO TAKE CARE: One of the essential
conditions of liability for negligence is that the
defendant owed a legal duty towards the plaintiff.
The following case laws will throw some light upon
this essential element.
· In Grant v. Australian Knitting Mills Ltd., 1935 AC
85; the plaintiff purchased two sets of woolen
underwear from a retailer and contacted a skin
disease by wearing an underwear. The woolen
underwear contained an excess of sulphates which
the manufacturers negligently failed to remove while
washing them. The manufacturers were held liable
as they failed to perform their duty to take care.
2. DUTY TO WHOM: Donoghue v. Stevenson, 1932
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AC 562 carried the idea further and expanded the
scope of duty saying that the duty so raised extends
to your neighbour. Explaining so as to who is my
neighbour LORD ATKIN said that the answer must
be “the persons who are so closely and directly
affected by my act that I ought reasonably to have
them in contemplation as being so affected when I
am directing my mind to the acts or omissions which
are called in question”.
3. DUTY MUST BE TOWARDS THE PLAINTIFF- It
is not sufficient that the defendant owed a duty to
take care. It must also be established that the
defendant owed a duty of care towards the plaintiff.
· In Bourhill v. Young, 1943 AC 92; the plaintiff, a
fishwife, alighted from a tram car. While she was
being helped in putting her basket on her back, a
motor-cyclist after passing the tram collided with a
motor car at the distance of 15 yards on the other
side of the tram and died instantly. The plaintiff
could see neither the deceased nor the accident as
the tram was standing between her and the place of
accident. She had simply heard about the collision
and after the dead body had been removed she
went to the place and saw blood left on the road.
Consequently, she suffered a nervous shock and
gave birth to a still-born child of 8 months. She sued
the representatives of the deceased motor-cyclist. It
was held that the deceased had no duty of care
towards the plaintiff and hence she could not claim
damages.
4. BREACH OF DUTY TO TAKE CARE: Yet
another essential condition for the liability in
negligence is that the plaintiff must prove that the
defendant committed a breach of duty to take care
or he failed to perform that duty.
· In Municipal Corporation of Delhi v. Subhagwanti,
AIR 1966 SC 1750; a clock-tower in the heart of the
Chandni Chowk, Delhi collapsed causing the death
of a number of persons. The structure was 80 years
old whereas its normal life was 40-45 years. The

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Municipal Corporation of Dellhi having the control of
the structure failed to take care and was therefore,
liable.
· In Municipal Corporation of Delhi v. Sushila Devi,
AIR 1999 SC 1929; a person passing by the road
died because of fall of branch of a tree standing on
the road, on his head. The Municipal Corporation
was held liable.
5. CONSEQUENT DAMAGE OR
CONSEQUENTIAL HARM TO THE PLAINTIFF:
The last essential requisite for the tort of negligence
is that the damage caused to the plaintiff was the
result of the breach of the duty. The harm may fall
into following classes:-
· physical harm, i.e. harm to body;
· harm to reputation;
· harm to property, i.e. land and buildings and rights
and interests pertaining thereto, and his goods;
· economic loss; and
· mental harm or nervous shock.
· In Achutrao Haribhau Khodwa v. State of
Maharashtra (1996) 2 SCC 634; a cotton mop was
left inside the body by the negligence of the doctor.
The doctor was held liable.
IV. DEFENCES FOR NEGLIGENCE: In an action
for negligence following defences are available:-
1. CONTRIBUTORY NEGLIGENCE: It was the
Common law rule that anyone who by his own
negligence contributed to the injury of which he
complains cannot maintain an action against
another in respect of it. Because, he will be
considered in law to be author of his wrong.
· Butterfield v. Forrester, (1809) 11 East 60; the
defendant had put a pole across a public
thoroughfare in Durby, which he had no right to do.
The plaintiff was riding that way at 8’O clock in the
evening in August, when dusk was coming on, but
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the obstruction was still visible from a distance of
100 yards, he was riding violently, came against the
pole and fell with the horse. It was held that the
plaintiff could not claim damages as he was also
negligent.
2. ACT OF GOD OR VIS MAJOR: It is such a direct,
violent, sudden and irresistible act of nature as
could not, by any amount of human foresight have
been foreseen or if foreseen, could not by any
amount of human care and skill, have been resisted.
Such as, storm, extraordinary fall of rain,
extraordinary high tide, earth quake etc.
· In Nichols v. Marsland, (1875) LR 10 Ex.255; the
defendant had a series of artificial lakes on his land
in the construction or maintenance of which there
had been no negligence. Owing to an exceptional
heavy rain, some of the reservoirs burst and carried
away four country bridges. It wa held that, the
defendant was not liable as the water escaped by
the act of God.
3. INEVITABLE ACCIDENT: Inevitable accident also
works as a defence of negligence. An inevitable
accident is that which could not possibly, be
prevented by the exercise of ordinary care, caution
and skill. it means accident physically unavoidable.
· In Brown v. Kendal, (1859) 6 Cussing 292; the
plaintiff’s and defendant’s dogs were fighting, while
the defendant was trying to separate them, he
accidentally hit the plaintiff in his eye who was
standing nearby. The injury to the plaintiff was held
to be result of inevitable accident and the defendant
was not liable.
· In Holmes v. Mather, (1875) LR 10 Ex.261, 267; a
pair of horses were being driven by the groom of the
defendant on a public highway. On account of
barking of a dog, the horses started running very
fast. The groom made best possible efforts to

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control them but failed. The horses knocked down
the plaintiff who was seriously injured, it was held to
be an inevitable accident and the defendant was not
liable.
· In Stanley v. Powell, (1891) 1 QB 86; the plaintiff
and the defendant, who were members of a
shooting party, went for pheasant shooting. The
defendant fired at a pheasant, but the shot from his
gun glanced off an oak tree and injured the plaintiff.
It was held that the accident was an inevitable
accident and the defendant was not liable.
29.CUSTOM:-
Custom in law is the established pattern of behavior
that can be objectively verified within a particular
social setting. A claim can be carried out in defense
of "what has always been done and accepted by
law". Related is the idea of prescription; a right
enjoyed through long custom rather than positive
law.[1]
Customary
law (also, consuetudinary or unofficial law) exists
where:
1. a certain legal practice is observed and
2. the relevant actors consider it to be law
(opinio juris).
Most customary laws deal with standards of
community that have been long-established in a
given locale. However the term can also apply to
areas of international law where certain standards
have been nearly universal in their acceptance as
correct bases of action – in example, laws
against piracy or slavery (see hostis humani
generis). In many, though not all instances,
customary laws will have supportive court rulings
and case law that has evolved over time to give
additional weight to their rule as law and also to
demonstrate the trajectory of evolution (if any) in the
interpretation of such law by relevant courts.
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30.RULE OF LAW: The concept of Rule of Law is that
the state is governed, not by the ruler or the
nominated representatives of the people but by the
law. A county that enshrines the rule of law would be
one where in the Grundnorm[i] of the country, or the
basic and core law from which all other law derives its
authority is the supreme authority of the state. The
monarch or the representatives of the republic are
governed by the laws derived out of the Grundnorm
and their powers are limited by the law. The King is
not the law but the law is king[ii]
The origins of the Rule of Law theory can be traced
back to the Ancient Romans during the formation of
the first republic; it has since been championed by
several medieval thinkers in Europe such as Hobbs,
Locke and Rousseau through the social contract
theory. Indian philosophers such as Chanakya have
also espoused the rule of law theory in their own way,
by maintain that the King should be governed by the
word of law. The formal origin of the word is
attributed to Sir. Edward Coke, and is derived from
French phase ‘la principe de legalite’ which means the
principle of legality. The firm basis for the Rule of
Law theory was expounded by A. V. Dicey and his
theory on the rule of law remains the most popular.
Dicey’s theory has three pillars based on the concept
that “a government should be based on principles of
law and not of men”,
31.PREAMBLE:-
The preamble to the Constitution of India is a brief
introductory statement that sets out guidelines to
guide people and to present the principles of the
document, and to indicate the source from which the
ordinary document derives its authority, meaning,
and the people.[1] The hopes and aspirations of the
people as well as the ideals before our nation are
described in the preamble in clear words. The
preamble can be referred to as the preface which
highlights the entire Constitution. It was adopted on
26 November 1949 by the Constituent

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Assembly and came into effect on 26 January 1950,
which is celebrated as the Republic day in India.
The Supreme Court of India originally stated in the
Berubari case presidential reference [4] that the
preamble is not an integral part of the Indian
constitution, and therefore it is not enforceable in a
court of law. However, the same court, in the
1973 Kesavananda case, overruled earlier decisions
and recognised that the preamble may be used to
interpret ambiguous areas of the constitution where
differing interpretations present themselves. In the
1995 case of Union Government Vs LIC of India, the
Supreme Court once again held that the Preamble
is an integral part of the Constitution.
As originally enacted the preamble described the
state as a "sovereign democratic republic", to which
the terms "Secular" and "Socialist" were later added
by the 42nd Amendment.[5]
32.PUBLIC PURPOSE:-
Abstract: The power to take property from the
individual is rooted in the idea of eminent domain. The
doctrine of eminent domain states, the sovereign can do
anything, if the act of sovereign involves public interest.
The doctrine empowers the sovereign to acquire private
land for a public use, provided the public nature of the
usage can be demonstrated beyond doubt. The doctrine
is based on the following two Latin maxims, (1) Salus
populi suprema lex (Welfare of the People Is the
Paramount Law) and (2) Necessities public major EST
quam.The Government of India believed there was a
heightened public concern on land acquisition issues in
India. Of particular concern was that despite many
amendments, over the years, to India's Land Acquisition
Act of 1894, there was an absence of a cohesive national
law that addressed fair compensation when private land
is acquired for public use, and fair rehabilitation of land
owners and those directly affected from loss of
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livelihoods. The Government of India believed that a
combined law was necessary, one that legally requires
rehabilitation and resettlement necessarily and
simultaneously follow government acquisition of land for
public purposes. In this way in India, Land acquisition in
India refers to the process by which the union or a state
government in India acquires private land for the
purpose of industrialization, development of
infrastructural facilities or urbanization of the private
land, and provides compensation to the affected land
owners and their rehabilitation and resettlement. Hence,
I think though owner of the property has not
fundamental right over property but he has fundamental
right for compensation therefore some of the important
issues surrounding the Land Acquisition will be discussed
below Keywords: Land Acquisition, Public purpose,
compensations, Rehabilitation and resettlement 1.
INTRODUCTION Public Necessity Is Greater Than Private
Necessity.1In the history of modern India, this doctrine
was challenged twice (broadly speaking) once when land
reform was initiated and another time when Banks were
nationalized2.The Constitution of India originally
provided the right to property (which includes land)
under Articles 19 and 31. Article 19 guaranteed that all
citizens have the right to acquire, hold and dispose of
property. Article 31 stated that "no person shall be
deprived of his property save by authority of law." It also
indicated that compensation would be paid to a person
whose property has been taken for public purposes
(often subject to wide range of meaning). The Forty-
Fourth Amendment of 1978 deleted the right to
property from the list of fundamental rights with an
introduction of a new provision, Article 300-A, which
provided that "no person shall be deprived of his
property save by authority of law"3. Land acquisition in
India refers to the process by which the union or a state
government in India acquires private land for the
purpose of industrialization, development of

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infrastructural facilities or Urbanization of the private
land, and provides compensation to the affected land
owners and their rehabilitation and resettlement. In the
democratic country, like India the importance of the
Power of eminent domain to the life of the state need
hardly be emphasis. It is so often necessary for the
performance of governmental functions to take private
property for public use. As per the constitution of India,
the future of India is based on the concept of social
welfare4 hence for the purposes of social welfare The
power is inalienable it is based on the two maxims that
(a) salus populist supreme lex i.e., the interest and claim
of the whole community is always superior (b)
Necessitapublic major east quam private i.e., public
necessity is Greater than private interest and claim of an
individual. The power of eminent domain has three
essential attribute of sovereignty. First, the power of the
state to take over private land; second, this power is to
be exercised for public ground; and third, it is obligation
on 1 Chandrachur, Y. V. 2009. Concise Law Dictionary.
New Delhi: LexisNexis Butterworths Wadhwa Nagpur. 2
Tripathi, P.K. 1980. "Right of Property After 44th
Amendment Better Prosecuted Than Ever Before."Air
Journal (51). 3 Constitution of India 4 Preamble of the
constitution of India International Journal of Innovative
Studies in Sociology and Humanities (IJISSH) ISSN 2456-
4931 (Online) www.ijissh.org Volume: 2 Issue: 5 | July
2017 © 2017, IJISSH Page 9 the State to compensate
those whose lands are taken over. Essentially it deals
with power of the state to expropriate lands of
individuals who, are not willing sellers, it is based on the
principle that interests of the whole community is
greater than individual interest. Thus property may be
needed and acquired under this power for government
offices, libraries, slum clearance projects, public schools,
college and universities, public highways, public parks,
railways, telephone and telegraph lines, dams, drainage,
sewers and water systems and many other projects of
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public interest convenience and welfare5.Thus it is clear
indication that the legislative intent is to give wide
interpretation to public purpose. Recently in Sooram
Pratap Reddy and others v. District Collector, Ranga
Reddy Dist and others,6 the Supreme Court stated that
“public purpose” includes any purpose wherein even a
fraction of the community may be interested or by which
it may be benefited. As such Special Economic Zones
(SEZs), mines, shopping malls, factories, dams, and other
large scale projects have been facilitated by
expropriation of land under the Land Acquisition Act.
Extending land acquisition for public purpose to
industrial development involves the denial of the right to
property, life and livelihood. The phrase power of
‘eminent domain’ in USA is known as ‘sovereign power’
in India and it is embedded in the articles 31-A and 300-A
of the Indian Constitution7.The Government of India
believed there was a heightened public concern on land
acquisition issues in India. Of particular concern was that
despite many amendments, over the years, to India's
Land Acquisition Act of 1894, there was an absence of a
cohesive national law that addressed fair compensation
when private land is acquired for public use, and fair
rehabilitation of land owners and those directly affected
from loss of livelihoods. The Government of India
believed that a combined law was necessary, one that
legally requires rehabilitation and resettlement
necessarily and simultaneously follow government
acquisition of land for public purposes.
33.ARREST:-
An arrest is the act of apprehending a person and
taking them into custody, usually because they have
been suspected of committing or planning a crime.
After the person is taken into custody, they can
be questioned further and/or charged. An arrest is a
procedure in a criminal justice system.

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Police and various other officers have powers of
arrest. In some places, a citizen's arrest is
permitted; for example in England and Wales, any
person can arrest "anyone whom he has reasonable
grounds for suspecting to be committing, have
committed or be guilty of committing an indictable
offence," although certain conditions must be met
before taking such action.[1]. Similar powers exist in
France, Italy, Germany, Austria and Switzerland if a
person is caught in an act of crime and not willing or
able to produce valid ID.
As a safeguard against the abuse of power, many
countries require that an arrest must be made for a
thoroughly justified reason, such as the requirement
of probable cause in the United States.
Furthermore, the time that a person can be detained
in custody is relatively short (in most cases 24 hours
in the United Kingdom and France and 24 or 48
hours in the United States) before the detained
person must be either charged or released.
According to Indian law, no formality is needed
during the procedure of arrest. The arrest can be
made by a citizen, a police officer or a Magistrate. ...
There is no general rule of eligibility or requirement
that a police officer must handcuff a person who is
being arrested.
34.INTANGIBLE PROPERTY:-
Intangible property, also known as incorporeal
property, describes something which
a person or corporation can have ownership of and
can transfer ownership to another person or
corporation, but has no physical substance, for
example brand identity or knowledge/intellectual
property. It generally refers to statutory creations
such as copyright, trademarks, or patents. It
excludes tangible property like real property (land,
buildings, and fixtures) and personal property (ships,
automobiles, tools, etc.). In some jurisdictions
intangible property are referred to as choses in
action. Intangible property is used in distinction
to tangible property. It is useful to note that there are
two forms of intangible property: legal intangible
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property (which is discussed here) and competitive
intangible property (which is the source from which
legal intangible property is created but cannot be
owned, extinguished, or transferred). Competitive
intangible property disobeys the intellectual property
test of voluntary extinguishment and therefore
results in the sources that create intellectual
property (knowledge in its source form,
collaboration, process-engagement, etc.) escaping
quantification.
Generally, ownership of intangible property gives
the owner a set of legally enforceable rights over
reproduction of personal property containing certain
content.[1] For example, a copyright owner can
control the reproduction of the work forming the
copyright. However, the intangible property forms a
set of rights separate from the tangible property that
carries the rights. For example, the owner of a
copyright can control the printing of books
containing the content, but the book itself is
personal property which can be bought and sold
without concern over the rights of the copyright
holder.
35.SUMMONS:-
Summons. The paper that tells a defendant that he
or she is being sued and asserts the power of the
court to hear and determine the case. A form
of legalprocess that commands the defendant to
appear before the court on a specific day and to
answer the complaint made by the plaintiff.
n. a document issued by the court at the time a laws
uit is filed, stating the name of both plaintiffand defe
ndant, the title and file number of the case, the court
and its address, the name andaddress of the plaintif
f's attorney, and instructions as to the need to file a r
esponse to thecomplaint within a certain time (such
as 30 days after service), usually with a form on the
back onwhich information of service of summons an
d complaint is to be filled out and signed by theproc
ess server. A copy of the summons must be served
on each defendant at the same time asthe complaint

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to start the time running for the defendant to answer
. Certain writs and orders toshow cause are served i
nstead of a summons since they contain the same i
nformation along withspecial orders of the court. Aft
er service to the defendants, the original summons,
along with the"return of service" proving the summo
ns and complaint were served, is filed with the court
to showthat each defendant was served. A summon
s differs from a subpena, which is an order towitnes
ses to appear
36.VOID:-
In law, void means of no legal effect. An action,
document, or transaction which is void is of
no legal effect whatsoever: an absolute nullity —
the law treats it as if it had never existed or
happened.
37.ACTUS REUS:-
Actus reus is the Latin term used to describe a criminal
act. Every crime must be considered in two parts-the
physical act of the crime (actus reus) and the mental
intent to do the crime (mens rea). To establish actus reus,
a lawyer must prove that the accused party was
responsible for a deed prohibited by criminal law.
Actus reus is commonly defined as a criminal act that was
the result of voluntary bodily movement. This describes a
physical activity that harms another person or damages
property. Anything from a physical assault or murder to
the destruction of public property would qualify as
an actus reus.
Omission, as an act of criminal negligence, is another
form of actus reus. It lies on the opposite side of the
spectrum from assault or murder and involves not taking
an action that would have prevented injury to another
person. An omission could be failing to warn others that
you’ve created a dangerous situation, not feeding an
infant who has been left in your care, or not completing a
work related task properly which resulted in an accident.
In all of these cases, the perpetrator’s failure to complete
a necessary activity caused harm to others.
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The exception to actus reus is when the criminal actions
are involuntary. This includes acts that occur as a result
of a spasm or convulsion, any movement made while a
person is asleep or unconscious, or activities participated
in while an individual is under a hypnotic trance. In these
scenarios a criminal deed may be done, but it is not
intentional and the responsible person will not even know
about it until after the fact.
38. IMMOVABLE PROPERTY:
Immovable property is an immovable object, an
item of property that cannot be moved without
destroying or altering it – property that is fixed to the
earth, such as land or a house. Immovable property
includes premises, property rights (for example,
inheritable building right), houses, land and
associated goods, and chattels if they are located
on, or below, or have a fixed address. It is delimited
by geographic coordinates or by reference to local
landmarks, depending on the jurisdiction.
In much of the world's civil law systems (based as
they are on Romano-Germanic law, which is also
known as Civil law or Continental law), immovable
property is the equivalent of "real property"; it is land
or any permanent feature or structure above or
below the surface.
To describe it in more detail, immovable property
includes land, buildings, hereditary allowances,
rights to way, lights, ferries, fisheries or any other
benefit which arises out of land, and things attached
to the earth or permanently fastened to anything
which is attached to the earth. It does not include
standing timber, growing crops, nor grass. It
includes the right to collect rent, life interest in the
income of the immovable property, a right of way, a
fishery, or a lease of land.
Other sources describe immovable property as "any
land or any building or part of a building, and
includes, where any land or any building or part of a
building is to be transferred together with any
machinery, plant, furniture, fittings or other things,
such machinery, plant, furniture, fittings and other
things also. Any rights in or with respect to any land

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or any building or part of building (whether or not
including any machinery, plant, furniture, fittings or
other things therein) which has been constructed or
which is to be constructed, accruing or arising from
any transaction (whether by way of becoming a
member of, or acquiring shares in, a co-operative
society, or other association of persons) or by way
of any agreement or any arrangement of whatever
nature, not being a transaction by way of sale,
exchange or lease of such land, building or part of a
building."[citation needed]
Immovable property cannot be altered or
remodeled, added to, or reconstructed without
entering into an agreement with and getting
permission from its owner. Construction, alteration,
and demolition may also be subject to government
regulation, such as the need to obey zoning
laws and obtain building permits.
39.ARGUMENTS:-
argument - Legal Definition. n. The reason or
reasons offered for or against something. The
formal oral or written presentation of such reasons
intended to convince or persuade. The section of an
appellate or trial brief in which a party pre-sents its
interpretation of the law.
A form of expression consisting of a coherent set of
reasons presenting or supporting a point ofview; a s
eries of reasons given for or against a matter under
discussion that is intended toconvince or persuade t
he listener.
For example, an argument by counsel consists of a
presentation of the facts or evidence and theinferen
ces that may be drawn therefrom, which are aimed
at persuading a judge or jury to rendera verdict in fa
vor of the attorney's client.
An attorney may begin to develop an argument in th
e Opening
Statement, the initial discussionof the case in which
the facts and the pertinent law are stated. In most c
ases, however, anattorney sets forth the main points
of an argument in the closing argument, which is th
e attorney'sfinal opportunity to comment on the case
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before a judge or jury retires to begin deliberation o
n averdict.
40.SOVEREING POWER:-
Sovereignty is the full right and power of a
governing body over itself, without any interference
from outside sources or bodies. In political
theory, sovereignty is a substantive term
designating supreme authority over some polity.
The supreme, absolute, and uncontrollable power b
y which an independent state is governed andfrom
which all specific political powers are derived; the int
entional independence of a state,combined with the
right and power of regulating its internal affairs witho
ut foreign interference.
Sovereignty is the power of a state to do everything
necessary to govern itself, such as making,executin
g, and applying laws; imposing and collecting taxes;
making war and peace; and formingtreaties or enga
ging in commerce with foreign nations.
The individual states of the United States do not pos
sess the powers of external sovereignty, suchas the
right to deport undesirable persons, but each does h
ave certain attributes of internalsovereignty, such as
the power to regulate the acquisition and transfer of
property within itsborders. The sovereignty of a stat
e is determined with reference to the U.S. Constituti
on, which isthe supreme law of the land.
41.PUBLIC LAW:-
Public law is that part of law which governs
relationships between individuals and
the government, and those relationships between
individuals which are of direct concern
to society.[1] Public law comprises constitutional
law, administrative law, tax law and criminal
law,[1] as well as all procedural law. In public
law, mandatory rules prevail. Laws concerning
relationships between individuals belong to private
law.

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The relationships public law governs are asymmetric
and unequal – government bodies (central or local)
can make decisions about the rights of individuals.
However, as a consequence of the rule of
law doctrine, authorities may only act within the law
(secundum et intra legem). The government must
obey the law. For example, a citizen unhappy with a
decision of an administrative authority can ask a
court for judicial review.
Rights, too, can be divided into private
rights and public rights. A paragon of a public right is
the right to welfare benefits – only a natural
person can claim such payments, and they are
awarded through an administrative decision out of
the government budget.
The distinction between public law and private law
dates back to Roman law. It has been picked up in
the countries of civil law traditionat the beginning of
the nineteenth century, but since then spread
to common law countries, too.
The borderline between public law and private law is
not always clear in particular cases, giving rise to
attempts of theoreticalunderstanding of its basis.
42.INJUNCTION ORDER:-
An injunction is a legal and equitable remedy in the
form of a special court order that compels a party to
do or refrain from specific acts.[1] "When
a court employs the extraordinary remedy of
injunction, it directs the conduct of a party, and does
so with the backing of its full coercive powers."[2] A
party that fails to comply with an injunction faces
criminal or civil penalties, including
possible monetary sanctions and
even imprisonment. They can also be charged
with contempt of court. Counterinjunctions are
injunctions that stop or reverse the enforcement of
another injunction.
43.LEGAL CITATION:-
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Legal citation is the practice of crediting and
referring to authoritative documents and sources.
The most common sources of authority cited are
court decisions (cases), statutes, regulations,
government documents, treaties, and scholarly
writing.
Legal citation analysis[edit]
During a legal proceeding, a 'legal citation
analysis' - i.e. using citation analysis technique for
analyzing legal documents - facilitates the better
understanding of the inter-related regulatory
compliance documents by the exploration of the
citations that connect provisions to other provisions
within the same document or between different
documents. Legal citation analysis involves the use
of a citation graphextracted from
a regulatory document, which could supplement E-
discovery - a process that leverages on
technological innovations in big data
analytics.[1][2][3][4] Main path analysis, a method that
traces the significant citation chains in a citation
graph, can be used to trace the opinion changes
over the years for a target legal domain. [
44.PERSON:-
Legal person refers to a human or non-human
entity that is treated as a person for
limited legal purposes. Typically, a legal
persons can sue and be sued, own property, and
enter into contracts.
A legal person (in legal contexts often
simply person, less ambiguously legal entity)[1][2]is
any human or non-human entity, in other words, any
human being, firm, or government agency that is
recognized as having privileges and obligations,
such as having the ability to enter into contracts, to
sue, and to be sued.[3][4][5]
The term "legal person" is however ambiguous
because it is also used in contradistinction to
"natural person", i.e. as a synonym of terms used to
refer only to non-human legal entities.[6][7]
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So there are of two kinds of legal entities, human

and non-human: natural persons (also
called physical persons) and juridical persons (also
called juridic, juristic, artificial, legal, or fictitious
persons, Latin: persona ficta), which are other
entities (such as corporations) that are treated in law
as if they were persons.[4][8][9]
While human beings acquire legal personhood when
they are born (or even before in some jurisdictions),
juridical persons do so when they
are incorporated in accordance with law.
Legal personhood is a prerequisite to legal capacity,
the ability of any legal person to amend (enter into,
transfer, etc.) rights and obligations.
In international law, consequently, legal personality
is a prerequisite for an international organization to
be able to sign international treaties in its
own name.
45.BEQUEATH:-

To dispose of Personal Property owned by a

decedent at the time of death as a gift under the
provisions of the decedent's will.The
term bequeath applies only to personal property. A
testator, to give real property to someone in a
testamentary provision, devises it. Bequeath is
sometimes used as a synonym for devise.

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2.LEGAL DRAFTING

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2GIFT DEED:-

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3.MODEL OF PLAINT

4.MODEL OF LEASE

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5.PROMISSORY NOTE:-

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)
resident of 700
Narayan Peth,
)
Pune411030. )
Petitioners
2. Smt. ______W_ __ )
age 33 years, occupation - service, )
resident of 350 Narayan Peth, )
Pune 411 030. )

A PETITION FOR DIVORCE BY MUTUAL

CONSENT U/S 13 (B) OF THE HINDU MARRIAGE
ACT 1955

The petitioners abovenamed submit this petition,

praying to state as follows:
1. That the petitioners are husband and wife,
their marriage having been solemnised at Pune
on___according to the Hindu religion, vaidic rites
and ceremonies.
2. That the petitioner No. 2, prior to the marriage,
was known by her maiden name as Kumari
Kanchan, while there is no change resulted in the
6.MODEL PETITION FOR DIVORCE BY name of the petitioner No. 1.
3. That out of their wedlock, the petitioners have
MUTUAL CONSENT
got a son by name Shubham and daughter named
Pooja.
A PETITION FOR DIVORCE BY MUTUAL
4. That the petitioners submit that during the
CONSENT U/S 13 (B) OF THE HINDU
recent past, they realised that their likings,
MARRIAGE ACT, 1955
tastes of life, temperaments, ideas, ideologies,
IN THE COURT OF THE JUDGE, FAMILY thinking, attitudes, aptitudes, intellectual
COURT, PUNE reactions, capacities, feelings, moods, habits,
AT PUNE nature and life are so different from each other
t hat it would not be possible for t hem to hit it off
Marriage Petition No. ______________________________________/ 200_
toget her in fut ure.
1. Shri ________H ___ )
5. That the petitioners have tried their best to have
age 40 years,
a reconciliation for a happy domest icit y, but they
occupation - service,

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have been very unfortunat e to bring about the Sd/- xXx

same. ADVOCATE/S
6. That the petitioners have, therefore, decided to FOR
dissolve their marriage by mut ual co nsent , and PETITIONER/S
hence, t his pet it ion.
7. That the petitioner No. 2 being in Government VERIFICATION (of
service is in a position to maintain herself as well both the Petitioners)
as the children, and she on her own does hereby
forgo the right to maint enance in respect of We, Shri H and Smt. W, the present
herself and t he children against t he pet it ioner petitioners, do hereby state on solemn
No. 1. affirmation that the contents of this petition
8. That the petit ioners do hereby declare and in paras 1 to 12 are true and correct to the
confirm that this petit ion best of our knowledge and beliefs, and so we
preferred by t hem is not collusive. have signed hereunder.
9. That t he pet it ioners submit t hat t heir Sd/- H Sd/- W PETITIONERS
marr iage was celebrat ed as well as they are
residing within the local limits of the jurisdiction Subject to the permission of the Court, as the
of this Court, and hence, this Hon'ble Court has parties shall not be allowed to be represented
jurisdict ion to try and decide t his pet it ion by legal practitioners, vide the Family Court
Act 1984.
10. That t he pet it io ner s also submit and declare
t hat t hey have been residing separately for the
Note: This topic being of great
last more than two years, and hence, this petit ion
importance, two more drafts are provided for
is maint ainable.
understanding such a very delicate subject
11. That this petition being chargeable with a fixed
clearly, exclusively and perfectly.
rate of court fee, the
same is paid herewit h.
12. That t he pet it ioners, t herefore, pray t hat -

(a)Their marriage be dissolved by a decree of

divorce wit hout passing any orders as t o the
cost s and ma int enance, and
(b)Any ot her orders in t he int erest of just ice be
kindly passed.

Pune, S d/ - H
S d/ - W
Dated: __ PETITIONERS

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7.PETITION FOR BAIL

8.MODEL OF SALE DEED

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9.MODEL WRITTEN STATEMENT

HOW TO DRAFT A WRITTEN STATEMENT

2/6/2011

4 Comments

After filling the plaint, the defendant need to

submit his/her written statement admitting or
denying the statement made in the plaint.

Written Statement

IN THE COURT OF JOINT DISTRICT JUDGE,

GAZIPUR
Title Suit No. 206/1010

Shakur
Mahamud…………….Plaintiff

Versus

Salina
Akther…………...…Defendant

Written Statement on behalf of the defendant .

The defendant most respectfully-

Sheweth:

1. That there is no cause of action for the suit & the

suit is liable to set aside.

2. That the suit is not maintainable in the present

form & manner.

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Sultana care taking a pond in 6 decimals of land out

3. That the suit is barred by the principles of
estoppels, waiver & acquiescence.
4. That the suit is barred by law of limitation.
5. That the suit is not maintainable according to
section 8 of the Specific Relief Act.
over the suit land but filed this suit on false, frivolous
6. That the plaintiff is not the owner & and has no
possession as well neither the plaintiff has ever
possession of the suit land.
7. That the statements made in paragraph 2, 4 & 5
are the subject of records so the burden of proof lies
upon the plaintiff.
of 33 decimals of suit land.
d) That the suit land has been recorded in the name
of the defendant in the recent field R.S record
bearing dag no. 160.
e) That the plaintiff has no right, title and interest
and vexatious ground just to harass the defendant.
Wherefore it is prayed that your honour would be
pleased to dismiss the suit with explanatory cost
against the plaintiff.
.

8. That the statements made from paragraph 2-10

are false, frivolous & vicious & denied by this Verification
defendant.

9. That the facts on behalf of this defendant are as Verified at Dhaka this 01 of January, 2011
follows: that thcontents of para 1-9
are true to the
a) That Mr. Abdul Awal was the C.S recorded no. best of my knowledge & belief.
1066 tenant of 63 decimals area of land of dag no.
152. Mr. Abdul Awal alienated 33 decimals of land
of dag no. 152 to the defendant by a deed of ……………………
exchange dated 16 December, 1991 bearing no.
8245. The defendant was also inducted into the
possession of 33 decimals of land of dag no. 152. Signature

b) That the defendant mutated the said 33 decimals

of land in his own name and also paid rent to the
Govt. in respect of the land in dispute.

c) That the defendant has been possession of the

suit land for more than 12 years through his
barghadar Aziul Islam & his servant Ferzena
Sultana. Azizul Islam cultivates 27 decimals of land
out of 33 decimals of the suit land and Ferzena

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10.DEVORCE PETITION AT THE

GROUND OF ADULTERY

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11.PLEDGE DEED

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11.ABSENT PETITION

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12.MODEL OF MAINTAINENCE

PETITION:-

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3.LEGAL MAXIMS
1.VOLENTI NON FIT INJURIA:
Volenti non fit iniuria (or injuria) (Latin: "to a
willing person, injury is not done") is a common
law doctrine which states that if someone willingly
places themselves in a position where harm might
result, knowing that some degree of harm might
result, they are not able to bring a claim against the
other party in tort or delict. Volenti applies only to
the risk which a reasonable person would consider
them as having assumed by their actions; thus
a boxer consents to being hit, and to the injuries that
might be expected from being hit, but does not
consent to (for example) his opponent striking him
with an iron bar, or punching him outside the usual
terms of boxing. Volenti is also known as a
"voluntary assumption of risk."
Volenti is sometimes described as the plaintiff
"consenting to run a risk." In this context, volenti can
be distinguished from legal consent in that the latter
can prevent some tortsarising in the first place. For
example, consent to a medical procedure prevents
the procedure from being a trespass to the person,
or consenting to a person visiting one's land
prevents them from being a trespasser.
In English tort law, volenti is a full defence, i.e. it
fully exonerates the defendant who succeeds in
proving it.[2] The defence has two main elements:
 The claimant was fully aware of all the risks
involved, including both the nature and the
extent of the risk; and
 The claimant expressly (by statement) or
implicitly (by actions) consented to waive all
claims for damages. Knowledge of the risk is not
sufficient: sciens non est volens("knowing is not
volunteering"). Consent must be free and
voluntary, i.e. not brought about by duress. If the
relationship between the claimant and defendant
is such that there is doubt as to whether the
consent was truly voluntary, such as the
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relationship between workers and employers,
the courts are unlikely to find volenti.
It is not easy for a defendant to show both elements
and therefore comparative negligenceusually
constitutes a better defence in many cases. Note
however that comparative negligence is a partial
defence, i.e. it usually leads to a reduction of
payable damages rather than a full exclusion of
liability. Also, the person consenting to an act may
not always be negligent: a bungee jumper may take
the greatest possible care not to be injured, and if
he is, the defence available to the organiser of the
event will be volenti, not comparative negligence.
Consent to medical treatment[3] or consent to risky
sports[4] on the part of the claimant excludes liability
in tort where that consent is informed consent.
Legal principle that one who knowingly and
voluntarily consents to and takes on a risk (for
example, by participating in a potentially dangerous
sport, such as motor racing or skiing) cannot ask for
compensation for the damage or injury resulting
from it. In some jurisdictions (such as UK), however,
neither the knowledge nor the willingness of the
inherent risk of injury is considered assent, only a
written waiver of the right to claim compensation for
negligence suffices. Latin for, to a willing person it is
not a wrong.
Volenti Non Fit Injuria: a Maxim of Law
Volenti Non Fit Injuria is a legal maxim, used in
India, with the following meaning: No wrong is done
to one who consents. That to which a man consents
cannot be considered an injury A man cannot
enforce a right which he has voluntarily waived or
abandoned. For a complete list of maxims of law
(besides Volenti Non Fit Injuria), see here (include
their meanings and uses).
Definition of Volenti Non Fit Injuria
In India and other countries, in general, a concept of
Volenti Non Fit Injuria may refers as follows: (Latin:
those who consent may not be injured) Defence in

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tort which prevents a person who knowingly and
voluntarily assumes a risk (by, for example,
engaging in a dangerous sport) from later seeking
compensation for any injury suffered (additional
information on the topic may be found in this Indian
legal encyclopedia).
2.EX POST FACTO LAW:
An ex post facto law (corrupted from Latin: ex
postfacto, lit. 'out of the aftermath') is a law that
retroactively changes the legal consequences (or
status) of actions that were committed, or
relationships that existed, before the enactment of
the law. In criminal law, it may criminalize actions
that were legal when committed; it may aggravate
a crime by bringing it into a more severe category
than it was in when it was committed; it may change
the punishment prescribed for a crime, as by adding
new penalties or extending sentences; or it may
alter the rules of evidence in order to make
conviction for a crime likelier than it would have
been when the deed was committed.
Conversely, a form of ex post facto law commonly
called an amnesty law may decriminalize certain
acts. (Alternatively, rather than redefining the
relevant acts as non-criminal, it may simply prohibit
prosecution; or it may enact that there is to be no
punishment, but leave the underlying conviction
technically unaltered.) A pardon has a similar effect,
in a specific case instead of a class of cases
(though a pardon more often leaves the conviction
itself – the finding of guilt – unaltered, and
occasionally pardons are refused for this reason).
Other legal changes may alleviate possible
punishments (for example by replacing the death
sentence with lifelong imprisonment) retroactively.
Such legal changes are also known by the Latin
term in mitius.
Some common-law jurisdictions do not permit
retroactive criminal legislation, though
new precedent generally applies to events that
occurred before the judicial decision. Ex post
facto laws are expressly forbidden by the United
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States Constitution in Article 1, Section 9, Clause 3
(with respect to federal laws) and Article 1, Section
10 (with respect to state laws). In some nations that
follow the Westminster system of government, such
as the United Kingdom, ex post facto laws are
technically possible, because the doctrine
of parliamentary supremacy allows Parliament to
pass any law it wishes. In a nation with an
entrenched bill of rights or a written constitution, ex
post facto legislation may be prohibited.
While American jurisdictions generally prohibit ex
post facto laws, European countries apply the
principle of lex mitior ("the milder law"). It provides
that, if the law has changed after an offense was
committed, the version of the law that applies is the
one that is more advantageous for the accused.
This means that ex post facto laws apply in
European jurisdictions to the extent that they are the
milder law.[1]
In India, without using the expression "ex post facto
law", the underlying principle has been adopted in
the article 20(1) of the Indian Constitution in the
following words:
No person shall be convicted of any offence except
for violation of a law in force at the time of the
commission of the act charged as an offence, nor be
subjected to a penalty greater than that which have
been inflicted under the law in force at the time of
commission of the offence.
Further, what article 20(1) prohibits is conviction and
sentence under an ex post facto law for acts done
prior thereto, but not the enactment or validity of
such a law. There is, thus, a difference between the
Indian and the American positions on this point;
whereas in the United States, an ex post facto law is
in itself invalid, it is not so in India. The courts may
also interpret a law in such a manner that any
objection against it of retrospective operation may
be removed.[11]
An example for retrospective law in India is the
Karnataka Schedule Caste and Scheduled Tribes
(Prohibition of Transfer of Certain Lands) Act,
1978[12] in the state of Karnataka.

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In this creation of god, who knows what is going to
happen the next day? It is settled principle that for
the action one is going to get the reaction but
nowhere in any document or any scriptures is the
action defined. Certain actions of man in one era are
considered good and in another bad. Certain actions
are considered to be legal at one time and illegal at
another. It is this inconsistency in man to decide
what is good and bad that has become the reason
to have immunity from ex post facto laws. An act
that was thought innocent at one time is no longer
innocent today but is illegal. These changing
circumstances have lead to wrongful punishment of
many innocent individuals. For what reason and
how the ex post facto laws are justified and if not
then what is the remedy for protection against such
ex post facto laws. How the Supreme Court the final
pedestrian of the justice has played its role in
providing the protection against ex post facto laws?
All these questions have been answered by this
paper. This paper deals specially with the Indian
scenario in providing protection against ex post
facto laws.
Is Ex post Facto Laws are Laws?
An ex post facto law (from the Latin for from
something done afterward) or retroactive law is a
law that retroactively changes the legal
consequences of acts committed or the legal status
of facts and relationships that existed prior to the
enactment of the law.[1] According to me ex post
facto laws are laws that, retrospectively increase
punishments for existing offences, Laws that do not
directly punish persons but which create new
liabilities for past conduct as judicially determined,
Laws that retrospectively remove defenses or
exceptions to civil or criminal liability. Generally
speaking, ex post facto laws are seen as a violation
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of the rule of law as it applies in a free and
democratic society. At this point of time question
comes in the mind that is ex post facto law is law? If
it's not a law then what is the mechanism for
protection against such laws.
Moral objections against ex post facto laws?
Suppose a person does an act in 1990 which is not
then unlawful. A law is passed in 1992 making that
act a criminal offence and seeking to punish that
person for what he did in 1990. Or suppose,
punishment prescribed is increased in 1992 to
imprisonment for a year, and is made applicable to
the offences committed before 1992. These both are
the examples of the ex- post facto laws. Such laws
are regarded as inequitable and abhorrent to the
notions of justice.
Safeguards against the ex post facto laws:
The moral objection to ex post facto law is not
founded on constitutional pragmatics but on the
most fundamental demand of the rule of law that a
person is subject only to established and known law.
Accordingly, Art 15(1) of the United Nations
Covenant on Civil and Political Rights (ICCPR)
condemns laws that hold a person 'guilty of any
criminal offence on account of any act or omission,
which did not constitute a criminal offence, at the
time when it was committed or impose a heavier
penalty than the one that was applicable at the time
when the criminal offence was committed'[2]
Indian Constitution and ex post facto laws:
Article 20(1) of the Indian constitution provides
necessary protection against ex post facto law. Art.

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20(1) has two parts. Under the first part, no person
is to be convicted of an offence except for violating
'a law in force' at the time of the commission of the
of the act charged as an offence. A person is to be
convicted for violating a law in force when the act
charged is committed. A law enacted later, making
an act done earlier (not an offence when done) as
an offence, will not make the person liable for being
convicted under it.[3] The second part of Art. 20(1)
immunizes a person from a penalty greater than
what he might have incurred at the time of his
committing the offence. Thus, a person cannot be
made to suffer more by an ex-post-facto law than
what he would be subjected to at the time he
committed the offence.[4] What is prohibited under
Art. 20(1) is only conviction or sentence, but not
trial, under an ex-post-facto law. The objection does
not apply to a change of procedure or of court. A
trial under a procedure different from what obtained
at the time of the commission of the offence or by a
court different from that which had competence ate
then time cannot ipso facto be held unconstitutional.
A person being accused of having committed an
offence has no fundamental right of being tried by a
particular court or procedure, except in so far as any
constitutional objection by way of discrimination or
violation of any other fundamental right may be
involved.[5]
Verdicts of Supreme Court and Ex Post Facto
Laws:
Supreme Court of India has played an important role
in exploring as well in interpreting the doctrine of ex-
post-facto law. Apart from above mentioned cases
there are several cased in which apex court has
dealt with the questions regarding operation of such
laws. In R.S.Joshi v. Ajit Mills Ltd [6] Supreme Court
said that Art.20 relates to the constitutional
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protection given to persons who are charged with a
crime before a criminal court. The word 'penalty' in
Art. 20(1) is used in the narrow sense as meaning a
payment which has to be made or a deprivation of
liberty which has to be suffered as a consequence
of finding that the person accused of a crime is
guilty of the charge.
The immunity extends only against punishment by
courts of a criminal offence under as ex-post-facto
law, and cannot be claimed against preventive
detention, or demanding a security from a press
under a press law, for acts done before the relevant
law is passed. Similarly, a tax can be imposed
retrospectively.[7]Imposing retrospectively special
rates for unauthorized use of canal water is not hit
by Art. 20(1).[8]
Art. 20(1) does not make a right to any course of
procedure a vested right. Thus, a law which
retrospectively changes the venue of trial of an
offence from a criminal court to an administrative
tribunal is not hit by Art. 20(1).[9] A change in court
entitled to try an offence is not hit by Art. 20(1).[10]
Similarly, a rule of evidence can be made applicable
to the trial of an offence committed earlier.
In order to punish corrupt government officers,
parliament has enacted the preventive of corruption
Act which creates the offence of criminal
misconduct. S. 5(3) crates a presumption to the
effect that if the government servant for corruption
has in his possession property or assets which were
wholly disproportionate to his known sources of
income and if he cannot explain the same
satisfactorily, then he is guilty of criminal
misconduct. S. 5(3) was challenged before Supreme
Court in Sujjan Singh v. State of Punjab [11] vis-à-
vis Art. 20(1).
It was argued that when S.5(3) speaks of the
accused being in possession of pecuniary
resources, or property disproportionate to his known
sources of income, only the pecuniary resources or
property acquired after the date of the act is meant.

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To think otherwise would be to give the Act
retrospective operation and for this there is no
justification. The Supreme Court rejected the
contention that to take into consideration the
pecuniary resources or property in the possession of
the accused, or any other person on his behalf,
which are acquired before the date of the Act is in
any way giving the Act a retrospective operation.
The court explained the position as follows: the
statute cannot be said to be retrospective because a
part of the requisites for its actions is drawn from a
time antecedent to its passing.
The court also rejected the contention that S. 5(3)
crates a new offence in t he discharge of official
duty. According to the court S. 5(3) does not create
a new offence. The court stated further: it merely
prescribes a rule of evidence for the purpose of
proving the offence of criminal misconduct as
defined in S. 5(1) for which an accused person is
already under trial…when there is such a trial which
necessarily must be in respect of acts committed
after the prevention of corruption Act came into
force, S.5 (3) places in the hands of the prosecution
a news mode of proving an offence with which an
accused has already been charged.
A person can be convicted and punished under a
'law in force' which means a law 'factually' in
existence at the time the offence was committed. A
law not factually in existence at the time, enacted
subsequently, but by a legislative declaration
'deemed' to have become operative from an earlier
date (by a fiction of law), cannot be considered to be
a law 'factually' in force earlier than the date of its
enactment and the infirmity applying to an ex-post-
facto law applies to it, the reason is that if such a
fiction were accepted, and a law passed later were
to be treated as a law in existence earlier, then the
whole purpose of the protection against an ex-post-
facto law would be frustrated, for a legislature could
then give a retrospective operation to any law.
A slightly different situation is presented by the
following fact-situation. A law was made in 1923,
and certain rules were made there under. The Act of
1923 was replaced in 1952 by another Act, but the
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old rules were deemed to be the rules under the
new Act as well. As these rules had been operative
all along and did not constitute retrospective
legislation, an offence committed in 1955 could be
punishable under them as these were factually in
existence at the date of the commission of the
offence.[12]
When a late statute again describes an offence
describes an offence created by a statute enacted
earlier, and the later statute imposes a different
punishment, the earlier statute is repealed by
implication. But that is subject to Art. 20(1) against
ex-post-facto law providing for a greater
punishment. The later Act will have no application if
the offence described therein is not her same as in
the earlier Act, i.e., if the essential ingredients of the
two offences are different. If the later Act creates
new offences, or enhances punishment for the same
offence, no person can be convicted under such an
ex-post-facto law nor can the enhanced punishment
prescribed in the later Act apply to a person who
had committed the offence before the enactment of
the later law.[13]
Further, what Art. 20(1) prohibits is conviction and
sentence under as ex-post-facto law for acts done
prior thereto, but not the enactment or validity of
such a law. There is, thus, a difference between the
Indian and the American positions on this point,
whereas in America, an ex-post-facto law is in itself
invalid, it is not so in India. The courts may also
interpret a law in such a manner that any objection
against it of retrospective operation may be
removed.[14] In lily Thomas v. Union of India[15] it
was argued that the law declared by the Supreme
Court in Sarla Mudgal could not be given
retrospective effect because of Art. 20(1); it ought to
be given only prospective operation so that the
ruling could not be applied to a person who had
already solemnised the second marriage prior to the
date of the Sarla Mudgal judgment[16].
However, Supreme Court rejected the contention
arguing that it had not laid down any new law in
Sarla Mudgal. What the court did in that case was
only the law which had always been existence. It is

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the settled principle that the interpretation of a
provision of law relates back to the date of the law
itself and cannot be prospective from the date of the
judgment because the Court does not legislate but
only interprets existing laws.
Conclusion:
Indians are blessed against the application of ex
post facto law as Indian judiciary has provide
protection and a strong safeguard against ex post
facto laws and Indian Constitution is itself a law
against such laws. I am of the opinion that in those
countries where such protective clause has not
been incorporated in its constitutions they have
problems provided their judiciary is not taking the
same in to consideration. I personally believe that
Indian Judiciary has completely justified the
application of Art. 20 (1) of the Constitution of India
which also reflects in the pronouncement of the
Supreme Court verdicts. At the same time Supreme
Court has also use some of them to provide justice
to the victims also. So it can be concluded that in
India every action if legally and justifiably defined
and so what today morally wrong in Indian will be
morally wrong forever provided it is according the
principle of natural justice.
3.MODUS OPERANDI:
A modus operandi (often shortened to M.O.) is
someone's habits of working, particularly in the
context of business or criminal investigations, but
also more generally. It is a Latin phrase,
approximately translated as mode of operating.[1]
The term is often used in police work when
discussing crime and addressing the methods
employed by criminals. It is also used in criminal
profiling,[2] where it can help in finding clues to
the offender's psychology.[3] It largely consists
of examining the actions used by the individuals
to execute the crime, prevent its detection and
facilitate escape.[1] A suspect's modus
operandi can assist in their identification,
apprehension, or repression, and can also be
used to determine links between crimes. [4]
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In business, modus operandi is used to describe
a firm's preferred means of executing business
and interacting with other firms.
The term modus operandi is most commonly us
ed in criminal cases. It is sometimes referred to
byits initials, M.O. The prosecution in a criminal
case does not have to prove modus operandi in
anycrime. However, identifying and proving the
modus operandi of a crime can help the prosecu
tionprove that it was the defendant who committ
ed the crime charged.
Modus operandi evidence is helpful to the prose
cution if the prosecution has evidence of crimes
committed by the defendant that are similar to th
e crime charged. The crimes need not beidentica
l, but the prosecution must make a strong and p
ersuasive showing of similarity betweenthe crim
e charged and the other crimes. The prosecution
may introduce evidence from prior orsubseque
nt crimes to prove modus operandi only if the ot
her crimes share peculiar and distinctivefeature
s with the crime charged. The features must be u
ncommon and rarely seen in othercrimes, and th
ey must be so distinct that they can be recogniz
ed as the handiwork of the sameperson.
For example, assume that a defendant is on trial
for armed Robbery. In the robbery thedefendant
is alleged to have brandished a pistol and ordere
d the victim to relinquish cash andvaluables. As
sume further that the defendant has committed a
rmed robbery in the past bybrandishing a pistol
and demanding cash and valuables. A prosecuto
r might be able to introducethe evidence into tria
l to show the defendant's motive, intent, or state
of mind, or to identify theweapon used in the cri
me. However, the prosecutor could not argue to
the judge or jury that therobberies were so simil
ar as to demonstrate that it was the defendant w
ho committed thatparticular robbery, because it i
s not unusual for a robber to brandish a pistol a
nd demand cashand valuables in the course of a
n armed robbery.
Now assume that a defendant is charged with ro
bbing a movie theater that was showing themovi
e Showgirls and that the defendant was wearing
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a glittering, flamboyant Las Vegas-

stylecabaret costume during the robbery. Assu
me further that the prosecution has evidence tha
t thedefendant, while dressed as a Las Vegas da
ncer, has robbed other movie theaters showing t
hemovie Showgirls. The prosecution could intro
duce this evidence into trial to prove modus ope
randiand show that it was the defendant who co
mmitted the crime, because the method of arme
drobbery used in the crimes was both similar an
d distinctive.
When offering evidence to prove modus operan
di, the prosecution does not have to proveBeyon
d a Reasonable
Doubt that the other crimes occurred. Rather, th
e prosecution simplymust present sufficient evi
dence to show that the act took place and was c
5.ACTUS NON FACIT REUM NISI MENS
ommitted by thedefendant.
IT REA:-
4.UBI JUS IBI REMIDIUM:- "The act itself does not constitute
There is no wrong without a remedy. guilt unless done with a guilty
intent."
"Whenever the common law gives a right or
prohibits an injury, it also gives a remedy. This maxim is important for the determination of
criminality of an act or omission. It means that act
"If a man has a right, he must, it has been observed,
does not make a man guilty unless his intention is
have a means to vindicate and maintain it, and a
remedy if he is injured in the exercise and so. The maxim contains a good deal of truth, as
enjoyment of it, and, indeed, it is a vain thing to there could be no crime without the presence of the
imagine a right without a remedy, for want of right guilty mind.
and want of remedy are reciprocal." It has been observed that, “the maxim is bedrock of
the English Common Law of crimes and it amounts
to no more and no less than that all crime is
characterized by and necessarily involves, some
form of culpable intentionality”.:

Or according to Stephen as observed in R. v.

Sheppard, it means “no more than that the definition
of all or nearly all crimes contains not only an
outward and visible element, but a mental element
varying according to the different crimes”. It may be

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said that the two important elements of crime criminal whether there has been any
intention to break the law or
examined from the view point of the offender are— otherwise to do wrong or not.
"The legislature has power to make the
(i) Conduct on his part or act or action which bare doing of a particular act a
constitutes the physical act which is objective; and crime, no matter how innocent from a
mental point of view the doer of it
may be; in such a case the doer must
(ii) A guilty state of mind or a mind which is blame- be held to be a criminal."
worthy, which is the subjective element usually
inferred from either—
6.VIS MAJOR:-
(a) The facts and circumstances of the case; or An overwhelming, unanticipated, and unpreventable
event, usually caused by a natural force, the
(b) On the basis of the proposition that a man occurrence of which may exempt a party from
intends the natural consequences of his act. performing the obligations of a contract. Also
called force majeure .

Vis major is a Latin term meaning "superior force,"

"The maxim is sometimes said to be a describing an irresistible natural occurrence that
causes damage or disruption, and is neither caused
fundamental principle of the whole
by nor preventable by humans, even when
criminal law, but I think that, like exercising the utmost skill, care, diligence or
many other Latin sentences supposed to prudence. Examples include hurricanes, tornadoes,
form part of the Roman law, the maxim floods and earthquakes. The terms "act of God" and
not only looks more instructive than "force majeure" are used in the same way as vis
it really is, but suggests fallacies major. These terms are commonly used in contracts
which it does not precisely state. It to exclude one or both parties from liability and/or
fulfilling their contractual obligations when events
is frequently, though ignorantly,
beyond their control occur.
supposed to mean that there cannot be
such a thing as legal guilt where BREAKING DOWN Vis Major
there is no moral guilt, which is Vis major or force majeure clauses are standard in
obviously untrue, as there is always a many contracts, and exempt the contracting parties
possibility of a conflict between law from fulfilling their contractual obligations for
and morals." reasons that could not be anticipated or are beyond
their control. In commercial contracts, vis major can
"Ordinarily ... mens rea is an essential also apply to actions undertaken by third parties that
ingredient of a crime. But when the neither party to the contract can control, such as
legislature expressly declares an act failure by a supplier or subcontractor to perform.
to be criminal, the question of The term can also apply to events such as war, riots
intention or malice need not be or strikes. Whether or not events caused by humans
considered except as affecting the (such as war or riots) are included in vis major may
quantum of punishment. A statute may depend on the legal jurisdiction under which the
be so framed as to relate to such a contract is signed. Because there can be different
subject-matter and make an act interpretations across jurisdictions, it is often the

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case that contracts — especially at international
level — will specifically define what is covered under
a vis major clause.
Often, the parties will simply be suspended from
performing their obligations during the course of the
vis major, if it is an event that has a finite duration
and that does not permanently affect the ability to
deliver on the contract.
Events Vis Major Does Not Cover
Because vis major is intended to exclude
unforeseen and unpreventable events, it does not
cover negligence or malfeasance, and neither will it
cover normal and expected natural events. (For
example, a hurricane would fall under vis major, but
normal seasonal rainfall would not.)
Insurance contracts often exclude coverage for
damage caused by vis major, such as tornadoes,
hurricanes, earthquakes and floods. These events
can sometimes be insured against with a rideror
separate, specialized policy. A finding that an
adverse event was caused by vis major can also
exempt a defendant in a lawsuit from liability.
7.DISTRESS DAMAGE FEASANT:-
Distress damage feasant is a common law self-
help legal remedy whereby a person who is in
possession of land may impound a chattel which is
wrongfully on that land to secure the payment of
compensation for damage caused by it. [1] It is part of
the law relating to distraint. In some cases the party
also has the right to sell the chattel. The chattel may
be inanimate, or it may be an animal or livestock. [2]
The remedy principally relates instances
of nuisance, and was often exercised in conjunction
with certain strict liability torts, such as liability under
the rule in Rylands v Fletcher or cattle trespass. In a
number of instances, the exercise of the remedy has
now been curtailed by statute.
A self-help remedy that permits a possessor of land
to impound a chattel which is wrongfully on his land
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as security for the payment of compensation for
damage caused by it.
8. Qui facit per alium facit per se:-
Qui facit per alium facit per se is a Latin legal term
that means, "He who acts through another does the
act himself." It is a fundamental legal maxim of
the law of agency.[1] It is a maxim often stated in
discussing the liability of employer for the act of
employee in terms of vicarious liability."[2]
According to this maxim, if in the nature of things,
the master is obliged to perform the duties by
employing servants, he is responsible for their act in
the same way that he is responsible for his own
acts.[3]
The maxim is a shortened form of the fuller 18th-
century formulation: qui facit per alium, est perinde
ac si facit per se ipsum: "whoever acts through
another acts as if he were doing it himself."
Indirectly, the principle is in action or present in the
duty that has been represented by the agent so the
duty performed will be seen as the performance of
the agent himself. Whatever a principal can do for
himself, can be done through an agent. The
exception to this maxim would be acts of personal
nature.
9.DOLI INCAPAX
deemed incapable of forming the intent to commit a
crime or tort, especially by reason of age (under ten
years old).
Children below the age of ten are not deemed
criminally responsible in the legal system of England
and Wales. Doli incapax is the rebuttable
presumption of criminal law that a child aged 10 or
over is incapable of committing an offense.
Incapable of criminal intention or malice; not of the
age of discretion; not possessed of sufficient
discretion and intelligence to distinguish between

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right and wrong to the extent of being criminally
responsible for his actions. Dolus auctoris non nocet
successor! The fraud of a predecessor prejudices nor
his successor.Dolus circuitu non purgatur. Fraud is
not purged by circuity. Bac. Max. 4; Broom, Max.
22S. Dolus est machinatio, cum aliud dis- simulat
aliud agit. Lane. 47. Deceit is an artifice, since it
pretends one thing and does another
Doli Incapax is a Latin term that means “incapable
of doing harm”. This term has been used to describe
a presumption of innocence for children in Criminal
law in most countries.
The basis of this presumption lies in the theory of
Criminal responsibility. Theory has been built upon
the theory that a person should be held criminally
responsible only for acts he intends to commit.
In the Indian Criminal Procedure, Doli Incapax
recognizes that there is a line (age line) below which
children are not truly capable of criminal behavior
because they are incapable of the requisite moral
and cognitive process. In the Indian Criminal
procedure this line is 7 years of age.
Criminal Procedure (CrPC) also provides for
presumption of innocence in favor of children above
7 and under 12 years of age. In this case, if the
prosecution can procure evidence and prove
contrary then even a child below 12 years (12-7yrs)
can be prosecuted. This immunity is termed by
scholars as “qualified immunity”.
The age of absolute responsibility is lowered in India
from 14 to 12 years. 18 years has been fixed as the
ordinary period for attaining majority.
From 14 to 18 years a child is liable only if he has
an insight into both the legality and punishability of
the act.
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Culpability is required for criminal law to be imposed
and this (culpability) is generally assumed to be
present. The culpability may be escaped through
excuses as insanity or duress. Every person who
has the ability to exercise reason and who can
distinguish between right or wrong has to bear the
responsibility of the wrong that he did while causing
damage to another person.
The damage caused by a minor can be just as real
as that of a grownup but before coming to a
conclusion or trying a minor same as that of an adult
a general test needs to be performed to ascertain
the child has adequate understanding of the likely
consequence of the act.
Any contributory negligence by a child is to be
judged by the standards of a child and not as per
the criterion of reasonable adult.
10.DAMNUM SINE INJURIA:-
Latin term literally meaning condemnation without
injury. Simply translated, the term would mean
“injury with no damages.” Damnum sine injuria
refers to a legal situation in which plaintiff’s right is
not respected by another but where the breach of
plaintiff’s right does not cause damage, or at least
not a calculable or admissible damage. A finding of
damnum sine injuria can be the basis for a finding of
nominal damages. Thus in cases of damnum sine
injuria the injury is de minimis, i.e. too small to be
remedied practically at the law. In such cases the
plaintiff will have a satisfaction remedy of nominal
damages - which are also called symbolic damages.
Maxim refers to the established principles and
prepositions. That is the general rules or principles

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or guidelines laid down and which are to be followed
by the general public. Maxims are very useful, as
with the help of this particular point of law can be
understood clearly and precisely and also used for
the proper solution of the cases. Maxims are very
widely used in various branches of law and so in the
law of torts.
As the law is a difficult subject having various
interpretations, rules, and principles. It is therefore
considered necessary to have these combinations of
various Latin and French words to be used for much
clearer understanding. However, the only difficult part of
the use of these maxims is that they have to be applied
with full precaution. The person using these maxims has
to make sure that whether the case in which it is applied
has its application in the same manner, or whether it is an
exception to the general rule, as any alterations of any of
these maxims would be dangerous.
Damnum Sine Injuria, the literal meaning of the word
refers to loss or damage in terms of money, property or
any physical loss without the infringement of any legal
right. It is not actionable in law even if the act so did was
intentional and was done to cause injury to other but
without infringing on the legal right of the person.
This can be better explained in the following case:
Gloucester Grammar School Case[3]
The defendant was the schoolmaster intentionally opened
the school in front of the plaintiff’s school, causing
damage to him. As due to an increase of competition the
plaintiff has to reduce their fees from 40 pence to 12
pence per scholar per quarter. It was held that even
though the plaintiff has suffered harm but there was no
infringement of any legal right, therefore, the defendant
can’t be held liable.
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Mogul Steamship Co. Vs. McGregor Gow and Co.[4]
In this case number of companies trading in steamships,
combined their hands with the intention to drove the
plaintiff’s company out of the tea-carrying company, by
reducing and offering assistance at a reduced price. It was
held that the plaintiff has no cause of action as no legal
right has been infringed by the other companies.
Ushaben vs. Bhagyalaxmi Chitra Mandir[5]
In this case, the plaintiff pleaded before the court of law
to issue a permanent injunction order on the film named,
“Jai Santoshi Maa”. According to her, the film hurt the
religious feelings of the plaintiff. It was observed that
hurting of religious sentiments did not result in any legal
injury, and also that other then the plaintiff no other
person feelings were hurt. Therefore it was held that the
defendant was not liable.
11. INJURE NON REMOTA CAUSA SED
PROXIMA SPECTATUR
In law the near cause is looked to, not the remote
one.
Causa proxima, non remota spectator is a Latin
phrase. It means ‘the immediate, and not the remote
cause is to be considered.’ This is a maxim of
causation that is applied both in marine and general
insurance. Pursuant to this principle, the cause
nearest in the order of causation, without any
efficient concurring cause to produce the result,
must be considered as the direct cause. For
example, if a ship foundered during a storm, the
cause of her loss was considered bad weather
conditions, regardless of any other factors that might
have contributed to her foundering

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12.INJURIA SINE DAMNO:-
Injuria Sine Damno is a legal maxim, which means that
injury or loss or damage so caused to the plaintiff without
suffering any physical injury or damage. It is a Latin
term, where ‘Injuria’ refers to injury ‘Sine’ refers to
without and ‘Damno’ refers to a property or any physical
loss, therefore the term refers to ‘injury suffered without
actual loss’. Here, in this case, the plaintiff doesn’t have
to prove the damages so suffered, he only has to prove
that there is some legal damage suffered by him, that is
the action so brought is actionable per se. Like for
example, where A roams around B’s house without any
justification then, in that case, there is a violation of the
legal right of B and therefore this maxim is applicable.
This maxim is well explained in the case Ashby vs.
White[1]where the plaintiff was a qualified voter at a
parliamentary election, while the defendant who was a
returning officer in election wrongfully refused to take a
vote of the plaintiff. Although the plaintiff didn’t suffer
any loss by such wrongful act as the candidate he wants’
to vote on the election, the legal rights of the plaintiff
were infringed and therefore the defendant was held
liable.
Another leading case is of Bhim Singh vs. State of J. &
K[2]., here in this case the petitioner was an M.L.A. of J.
& k. parliamentary assembly. While he was going to
attend the assembly session, police there wrongfully
arrested him. He was not even presented before the
magistrate within the stipulated time. Resultant was that
the person was wrongfully deprived of his legal right to
attend the meeting and moreover his fundamental right
i.e. art 21 of the constitution was also violated. It was
held that the respondent was responsible, and the
petitioner was liable to receive Rs. 50,000 from the
defendant.
In case o Injuria Sine Damno the loss suffered is not any
physical loss but due to the violation of legal right.
Therefore, damages received by the aggrieved party is
because of some kind of loss is being suffered, and hence
the amount for damages are determined just to
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compensate the victim. The amount for compensation can
even be rs. 5. However, where the violation of a legal
right is owing to mischievous and malicious act, the
number of damages so fixed can be increased as done in
case of Bhim Singh’s case.
13.EX OFFICIO:-
by virtue of one's position or status.
An ex officio member is a member of a body (a
board, committee, council, etc.) who is part of it by
virtue of holding another office. The term ex
officio is Latin, meaning literally "from the office",
and the sense intended is "by right of office"; its use
dates back to the Roman Republic.
According to Robert's Rules of Order the term
denotes only how one becomes a member of a
body.[1] Unless specifically stated in regulations or
bylaws, the rights of an ex officio member are
exactly the same as other members.[2] Participatory
rights of ex officiomembers may or may not be
limited by the body's regulations or bylaws. In some
groups ex officio members may frequently abstain
from voting.
For profit and nonprofit use[edit]
Any ex officio membership (for example, of
committees, or of the board) is as defined by the
nonprofit association's bylaws or other documents of
authority. For example, the bylaws quite often
provide that the organization's president will be ex
officio a member of all committees, except the
nominating committee.
Holding a position or membership due to the power
or influence of one's office, and not by election or
appointment. A chairperson, for example, can be an
ex-officio member of all board appointed
committees. Such positions and their attached
voting and other privileges are detailed in the bylaws

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of the organization. Latin for, because of one's
office.
14. NEMO IUDEX IN CAUSA SUA
 Judges, like Caesar’s wife should be above suspicion.
Nemo judex in causa sua (or nemo judex in sua
causa) is a Latin phrase that means, literally, "no-
one should be a judge in his own case." It is a
principle of natural justice that no person can judge
a case in which they have an interest.[1] The rule is
very strictly applied to any appearance of a possible
bias, even if there is actually none: "Justice must not
only be done, but must be seen to be done"
The legal effect of a breach of natural justice is
normally to stop the proceedings and render any
judgment invalid; it should be quashed or appealed,
but may be remitted for a valid re-hearing.
Natural justice is a concept of common law and
represents higher procedural principles developed by
the courts, which every judicial, quasi-judicial and
administrative agency must follow while taking any
decision adversely affecting the rights of a private
individual. Natural justice implies fairness, equity and
equality. In a welfare state like India, the role and
jurisdiction of administrative agencies is increasing at
a rapid pace. The concept of Rule of Law would lose
its validity if the instrumentalities of the State are not
charged with the duty of discharging these functions
in a fair and just manner.
The principle of natural justice encompasses following
two rules:
Nemo judex in causa sua – No one should be made a
judge in his own cause or the rule against bias.
Audi alteram partem – Hear the other party or the
rule of fair hearing or the rule that no one should be
condemned unheard.
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The first principle of natural justice consists of the
rule against bias or interest and is based on three
maxims:

No man shall be a judge in his own cause

Justice should not only be done, but manifestly and
undoubtedly be seen to be done and
Nemo Judex In Causa Sua is popularly known as the
rule against bias. It is the minimal requirement of the
natural justice that the authority giving decision must
be composed of impartial persons acting fairly,
without prejudice and bias. According to the ‘Lectric
Law Library’s Lexicon, “Any mental condition that
would prevent a judge or juror from being fair and
impartial is called bias. A particular influential power
which sways the judgment; the inclination or
propensity of the mind towards a particular object. It
may be ground for disqualification of the judge or
juror in question.” It is also defined as, “A
predisposition or a preconceived opinion that prevents
a person from impartially evaluating facts that have
been presented for determination; a prejudice.” But
we have to keep in mind the observations of Justice
Frank of United States in re. Linahan : “If, however,
bias and partiality be defined to mean the total
absence of preconceptions in the mind of the Judge,
then no one has ever had a fair trial, and no one ever
will. The human mind, even at infancy, is no blank
piece of paper. We are born with the predispositions
and the process of education, formal and informal,
create attitudes which precede reasoning in particular
instances and which therefore, by definition are
prejudices.”
15. Necessitas Publica Major Est Quam
Privata Law and Legal Definition:
Necessitas publica major est quam privata is a Latin
maxim which means ‘public necessity is greater
than private’. Necessary requirements of the public
good are stronger than private. Law impose upon
every subject that s/he must prefer urgent service of
the country than his/her. Public necessity always
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prevails against private necessities. When applied to

criminal law, a man’s necessity to preserve one’s life
will be defeated by state’s necessity to preserve law
and order. This maxim also applies to civil matters.
Nations development purpose necessitates the
acquisition of private property, which may affect and
prevail over individual necessity of ownership

16.MAJORE SUMME MINOR EST:

THE LESSER SUM IS INCLUDED IN GREATER

17. EIUS EST INTERPRETARE LEGEM

CUIUS CONDERE:-

1)Whoever is authorized to establish the law is

authorized to interpret it.”A maxim meaning that the
most authoritative interpreter

2)It is for him who made the law to construe it.

3)Latin, meaning He who owns the soil owns it up to

the sky and to its depth

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