Abstract On Legal Maxims

SYNOPSIS

INTRODUCTION- In law there is huge importance of basic principles. Legal maxims are principles of law which are represented in Latin language. Many broad principles of law and equity can be easily represented by use of legal maxims. The history of legal language can be traced back to roman age. These terms are being readily used by lawyers and judges during the legal proceedings. These are the ideals of law which a judge considers while deciding a case in the court of law. There are some maxims of which principles are there in codified laws. During medieval and modern age many legal issues related to rights of individuals and remedies available to the individuals and liability of the individuals were decided with references legal maxims. The legal maxims in a unique way put forth the legal principles directly and they follow the principles of natural justice. Most of the legal maxims finds their base from reason and necessities. Based on these principles many cases were decided by the judges. The legal maxims find their relevance in legal codes of every civilised nations. In modern times with increase in commercial and technological advancements, the nature of litigations has changed. There are different types of legal cases that have been evolved with changing society and values, but all these changes have not diminished the importance of fundamental principles of law or the legal maxims. The legal maxims which were originated in roman age have not lost their significance and we can still find substantial use of legal maxims in judgements, law reports, articles, law review. Hence it is justified to say that the fundamentals of law find themselves in legal maxims. And they continue to be integral part of any operations in the field of law. OBJECTIVE-The objective of the research work is to analyse and describe how the legal maxims have been used in various judgements. SCOPE OF THE STUDY-The scope of this project on legal maxims is limited to three maxims. Under each maxim two legal cases will be analysed to observe and analyse under what circumstances they have been used. The three maxims are1. Allegans contraria non est audiendus 2. Abundans cautela non nocet 3. Cursus curiae estlex curiae

RESEARCH METHODOLOGY- The researcher has used doctrinal method of research. The research will be based upon analytical, explanatory and descriptive method of study. HYPOTHESIS- In the modern day and age the use of legal maxims as fundamental rules of law in legal cases while deciding cases and writing judgements has not diminished. RESEARCH QUESTION- Whether in the modern day and age the use of legal maxims as fundamental rules of law in legal cases while deciding cases and writing judgements has diminished. LITERATURE REVIEWThe researcher has taken help of books, case reports, internet websites for detailed information regarding cases. All the resources that are used by researcher while making the research project are primary sources. The sources are listed below. SIGNIFICNACE OF THE RESEARCH PROJECTThe research project will be of a great use in understanding the application of legal maxims while deciding cases. The project will hence help in simplifying the meaning of legal maxims and the circumstances under which it will be applied. The project will be of great significance to have a good understanding about the above-mentioned legal maxims.

ABSTRACT The project is mainly focused on explaining the application of legal maxims in Various Indian and foreign judgements. The project will be focussing on detailed description and analysis of cases to understand three maxims. The three maxims Allegans contraria non est audiendus, Abundans cautela non nocet and Cursus curiae estlex curiae. The first maxim means “ He is not to be heard who alleges things contradictory to each other”. This maxim is well established in case law of Sikkim Manipal University v. State of Sikkim. The second maxims means “Abundant or excessive caution does no harm”. This maxim is well established in George v. George. And the last maxim means “the practice of this court is the law of the court. The course of procedure or practice is the law court. The maxim can be identified in case laws such as Collector of Central Excise, Madras v. Standard Motor Products & Ors. Etc.