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EX POST FACTO It is a law that retroactively changes the legal consequence of actions that were committed or relationships that existed, before the enactment of the law.
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RES JUDICATA A thing adjudged. To constitute a matter res judicata, the following conditions must be proved: (a) that the litigating parties must be the same; (b) that the subject-matter of the suit also must be identical; (c) that the matter must be finally decided between the parties; and (d) that the suit must be […]
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RES INTEGRA An entire thing; an entirely new or untouched matter. This maxim is usually applied to those points of law which have not been decided and are untouched by any previous dictum or decision of the same court or higher bench of the same court or a higher court to enable Courts to decide […]
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RATIO DECIDENDI The reason or rationale for the decision by Court. A Constitution Bench reflected on the true nature of ratio decidendi – held that the ratio decidendi is the underlying principle, namely, the general reasons or the general grounds upon which the decision is based on the test or abstract from the specific peculiarities […]
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QUO WARRANTO An order issued by authority of the king. A legal proceeding during which an individual’s right to hold an office or government’s privilege is challenged. The quo warranto proceeding affords a judicial enquiry in which any person holding an independent substantive public office, or franchise, or liberty, is called upon to show by […]
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QUID PRO QUO What for what or Something for something – there has to be a correlation between a favour or advantage granted in return for something. Court applied the maxim to hold that a reasonable relationship between collection and the services rendered must be evident; the element of quid pro quo in the strict […]
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RES IPSA LOQUITUR The thing speaks for itself; res ipsa loquitur (thing speaks for itself) is a principle which, in reality, belongs to the law of torts and excluded application of said principle to criminal trials, explained 2 facets of applicability of the said maxim CASE – Syad Akbar Vs State of Karnataka, MANU/SC/0275/1979: AIR […]
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QUI FACIT PER ALIUM FACIT PER SE He who acts by or through another, acts for himself. A person who does a thing through the instrumentality of another, is held as having done it himself. the maxim qui facit per aliumfacit per se is not generally applicable in criminal law, however, it applied the principles […]
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