Skip to main content

Actus Curiae Neminem Gravabit

 Actus Curiae Neminem Gravabit




This policy has been considered important in the Indian justice system and law enforcement – that no one should suffer as a result of a court error or procedural delay – Busching Schmitz Private Limited Vs P.T. Menghani & Ors., MANU / SC / 0344/1977: AIR 1977 SC 1569: 1977 (2) SCC 835.

A bench of 3 Judges in the Supreme Court ruled that if the Court in providing information erred on the plaintiff’s obligation, although not completely terminated, the Court was allocated at least. If the respondent acts on the basis of that information the courts will not be able to prosecute him or her for the misconduct. It went on to say that “there is no higher policy directed by the Court other than that no court action should injure a defendant and it is the responsibility of the courts to determine that if a person is harmed by an offense. Of the Court should be reinstated in a position he did not hold but because of that error. This is well summarized in the principle: Actus curiae neminem gravabit; Therefore, because of a District Court error that needed to be corrected, the parties were reduced to a position in which the Court had made a mistake, an error that was corrected by SC nunc pro tunc. Jang Singh Vs Brijlal & Ors., AIR 1966 SC 1631: 1964 (2) SCR 145.

The Supreme Court used the legal term “actus curiae neminem gravabit” to support its conclusion that the legislature would not intend to set a time limit on court action in order to win a court case. Complainant – Bharat Damodar Kale & Ors. Vs State of A.P., MANU / SC / 0794/2003: AIR 2003 SC 4560: 2003 (8) SCC 559.

The Supreme Court concluded that the maxim “actus curiae neminem gravabit” forms the basis for a decision-making policy under Section 152 of the Code of Civil Procedure where any error arising from a decision due to a mathematical or typographical error or slip can be corrected. By the Court. After considering a number of laws, it sets out the conditions under which the Court can apply the following principles: -

In a case where it is clear that something the Court intended to do but the same slipped by mistake or error entered due to clerical or mathematical error would further the judicial conclusions so that the Court could rectify that error.

But before exercising that power the Court should be satisfied with the law and reach a legal conclusion that the order or decision contains or omits something intended to be otherwise i.e. on schedule or order due to clerk error, arithmetical error or slip slip by mistake.

Facts and circumstances may provide some clues as to the intent of the court but not necessarily the same in the order or in the order in which they were intended to be added.

The power to correct typographical errors, arithmetic or slip by accident does not give the court the power to reconsider the matter and find that a better order or declaration may be passed or appropriate. The legitimacy of the case should not be considered in order to conclude that it would be better and the merits of the matter to pass the order required to be passed in the amendment.


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti