Landmark Indian Supreme Court Cases Applying Legal Maxims
✅ 1️⃣ Ubi jus ibi remedium
Where there is a right, there is a remedy
🔹 Case:
👉 Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1
The Court held that police must register an FIR when information about a cognizable offence is received. The right to legal remedy arises once the legal right is infringed.
✅ 2️⃣ Audi alteram partem
Hear the other side
🔹 Case:
👉 Maneka Gandhi v. Union of India (1978) 1 SCC 248
The Court emphasized that the government must follow the principles of natural justice (including fair hearing) when restricting fundamental rights, such as the right to travel.
✅ 3️⃣ Nemo judex in causa sua
No one should be a judge in their own cause
🔹 Case:
👉 A.K. Kraipak v. Union of India (1969) 2 SCC 262
The Court invalidated a selection process where a board member participated in decisions affecting his own selection — a clear violation of the rule against bias.
✅ 4️⃣ Res ipsa loquitur
The thing speaks for itself
🔹 Case:
👉 Municipal Corporation of Delhi v. Subhagwanti (1966) AIR SC 1750
A municipal clock tower collapsed, killing several people. The Court held the doctrine applied — the mere occurrence of such an accident was proof of negligence.
✅ 5️⃣ Actus non facit reum nisi mens sit rea
An act does not make a person guilty unless the mind is guilty
🔹 Case:
👉 State of Maharashtra v. Mayer Hans George (1965) AIR SC 722
The Court clarified the necessity of mens rea (criminal intent) in criminal offences, though it acknowledged certain statutory offences may impose strict liability.
✅ 6️⃣ Volenti non fit injuria
To a willing person, no injury is done
🔹 Case:
👉 Hall v. Brooklands Auto Racing Club (1933) 1 KB 205 (followed in Indian tort law)
Spectators at a dangerous sport knowingly accept risks; however, courts balance this with public safety obligations.
✅ 7️⃣ Ignorantia juris non excusat
Ignorance of the law is no excuse
🔹 Case:
👉 M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987) 1 SCC 395
The Court held that industries handling hazardous materials have strict liability — they cannot escape responsibility by claiming ignorance of safety laws.
✅ 8️⃣ Qui facit per alium facit per se
He who acts through another does the act himself
🔹 Case:
👉 State of Rajasthan v. Smt. Shekhu & Ors. (2004) 12 SCC 211
The Court reinforced the principle that an employer (or principal) is liable for the acts of their agent or employee done within the scope of their duties.
✅ 9️⃣ Salus populi suprema lex
The welfare of the people is the supreme law
🔹 Case:
👉 K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 (Right to Privacy Case)
While affirming the fundamental right to privacy, the Court balanced it against public interest and welfare — public welfare can justify reasonable restrictions.
✅ 🔟 Expressio unius est exclusio alterius
Express mention of one thing excludes others
🔹 Case:
👉 B. Shama Rao v. Union Territory of Pondicherry (1967) AIR SC 1480
The Court interpreted statutory provisions using this maxim, holding that if the legislature specifically mentions certain cases, others are excluded by implication.
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