ALLEGATIO CONTRA FACTUM NON EST ADMITTENDA

Literal Translation

“An allegation contrary to a deed is not admissible.”

Definition

It means if a man has entered into a deed with certain concrete facts, he shall not be permitted to deny any matter which he has so verified.

Illustration

A executed a registered sales deed in favour of B. After some time, A denied the same. Here, the rule of Allegatio Contra Factum Non Est Admittenda will apply as the allegation made contrary to a deed is not to be heard.

Case Law

1. Prakash Kedia v. India Infoline Housing Finance(2017)

2. Smt. Chander Prabhav. State(2017)

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Suggestio Falsi

Literal Translation

Statement of falsehood

Definition

The legal maxim is of latin origin meaning a statement of falsehood or, in simpler words, a false statement. Suggestio falsi is feeding someone lies intentionally to benefit out of it and put the other person in loss. This act amounts to a fraud when the party was bound to disclose the truth in the first place to keep the fairness of the contract. Suggestio falsi is a ground to rescind an agreement or to avoid carrying it to execution.

UBI JUS IBI REMEDIUM

Literal Translation

Where there is a right, there is a remedy.

Definition

This is a legal maxim, which means that where there is a right, there is a remedy. To get a legal remedy, a person should possess a legal right. Whenever the law gives a right to a person or prohibits an injury, then it also provides a remedy. So to sue in the court of law, one should establish his right and its violation.

ABUNDANS CAUTELA NON NOCET

Literal Translation

“Abundant caution does no harm.”

Definition

This principle is generally applied for instruments in which superfluous words have been inserted to express the intention more clearly.

ALLEGATIO CONTRA FACTUM NON EST ADMITTENDA

Literal Translation

Definition

Illustration

Case Law

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Suggestio Falsi

UBI JUS IBI REMEDIUM

ABUNDANS CAUTELA NON NOCET

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