Understanding "Ei Incumbit Probatio Qui Dicit, Non Qui Negat" in Indian Law

 The Latin maxim ei incumbit probatio qui dicit, non qui negat, meaning "the burden of proof lies upon him who asserts, not upon him who denies," is a fundamental principle in legal systems around the world, including India. This principle is particularly significant in the context of the Indian legal framework, as it establishes the foundation for the burden of proof in both criminal and civil cases.

The Legal Framework

In India, the concept of burden of proof is codified in the Indian Evidence Act, 1872. Specifically, Section 101 states that "whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist." This means that the party making an assertion has the responsibility to provide evidence to support their claims.

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How Maxim 'Nemo punitur pro alieno delicto' is applicable to departmental enquiry?

It is seen that the marriage between the respondent/petitioner and one Chinnasamy, who is also employed in the Revenue Department as an Assistant, was solemnised on 11.06.1985 without prior permission from the appellant/respondent, which resulted in issuance of charge memo. against the petitioner after a period of 22 years. Learned Single Judge, after considering the settled proposition of law and various aspects involved in the matter, decided to quash the charge memo. on the sole ground of delay. The only question to be decided in the case on hand is as to whether issuance of charge memo. after a lapse of 22 years is permissible in absence of any specific assertion or denial by the appellant as to the application made by respondent/petitioner, seeking permission for marriage under the Conduct Rules. The answer is in negative, as there is no justification pleaded in keeping the application pending for so many years without taking any decision either way and therefore, it goes without saying that Nemo punitur pro alieno delicto (No one must be punished for the wrong of another).

IN THE HIGH COURT OF MADRAS

W.A. No. 419 of 2013

Decided On: 21.02.2014

The District Collector, Dharmapuri  Vs.  Tmt. T.V. Kasturi

Hon'ble Judges/Coram:

V. Dhanapalan and M. Duraiswamy, JJ.

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Important Legal maxims for judicial service Exam

1) Caveat Venditor Law and Legal Definition. Caveat Venditor is a Latin term which means let the seller beware. The person selling goods is accountable for providing information about the goods to the seller. It is a counter to caveat emptor and suggests that sellers can also be deceived in a market transaction.

2) Action de die in diem is a Latin term. It means ‘from day to day.’ In early days, the term was used to refer to an action occurring from day to day. It referred to a continuing right of action. For example, if a person wrongfully places something on another person’s land and leave it there, that act is not a single act of trespass. Instead, is a continuing action giving rise to fresh cause of action de die in diem.

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Collection of Legal maxims

1)Actus Reus Non Facit Reum Nisi Mens Sit ReaDefinition: Latin: conviction of a crime requires proof of a criminal act and intent. Actus reus non facit reum nisi mens sit rea: (Latin) an act does not make a defendant guilty without a guilty mind.

2) Dormiunt Aliquando Leges Nunquam Moriuntur. Although the laws sometimes sleep, they never die.

3) DOTI LEX FAVET; PRAEMIUM PUDORIS EST; IDEO PARCATUR Meaning 

Latin, meaning The law favors dower; it is the reward of chastity therefore let it be preserved.

4) “Quando aliquid prohibetur ex directo, prohibetur et per obliquum”

This maxim implies that “when anything is prohibited directly, it is also prohibited indirectly”. In common parlance, it is meant to be understood as “Whatever legislature can’t do directly, it can’t do indirectly”.

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Legal Maxims for Judicial service Exam

1) 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. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability."

2) Res inter alios acta alteri nocere non debet is a legal phrase that is seen used in the law of evidence. It means ‘a transaction between others does not prejudice one who was not a party to it’. Things done between strangers must not cause an injury to people who are not parties to such acts.

3) Allegata et probata is a Latin term meaning things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support. It refers to general evidence rules which requires that the proofs must correspond with the allegations.

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