Legal Maxims Part 13

1. “Nemo debet bis vexari pro una et eadem causa.”

Meaning: No one ought to be harassed twice for the same cause.

Explanation: This maxim forms the basis of the principle of Double Jeopardy, which states that a person cannot be tried and  punished twice for the same offense if he has  already been acquitted or convicted by a competent court. It protects individuals from continuous prosecution and ensures fairness in the judicial system.

Example:
In K. M. Nanavati v. State of Maharashtra (1961), an Indian naval officer was initially acquitted by a jury for the murder of his wife’s lover. However, the Bombay High Court ordered a retrial, leading to his conviction. Though this case did not violate double jeopardy, it highlighted concerns about retrying an accused.

• “Fiat justitia ruat caelum.”

Meaning: Let justice be done, though the heavens fall.

Explanation: This maxim signifies that justice must be upheld at any cost, even if it leads to severe consequences. It emphasizes the absolute duty of courts to deliver justice without fear or favour, regardless of external pressures or societal unrest.

 Example:
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court of India upheld the Basic Structure Doctrine, ensuring that Parliament could not amend the Constitution in a way that destroyed its fundamental principles, even if it led to conflicts between legislative and judicial authority.

• “Actus Dei Nemini Facit Injuriam.”

Meaning: An act of God does injury to no one.

Explanation: This maxim means that no person is responsible for damages caused by an unavoidable natural event beyond human control (force majeure). It is often used in contract law, tort law, and insurance claims.

Real-Life Example:
During the COVID-19 pandemic, many businesses invoked force majeure clauses in contracts, claiming they could not fulfill obligations due to an “Act of God.” Courts examined whether the pandemic was truly unforeseeable and beyond reasonable control.

• “Res Ipsa Loquitur.”

Meaning: The thing speaks for itself.

Explanation: This maxim is applied in tort law, particularly in cases of negligence, where the occurrence of an accident itself implies negligence, even without direct evidence.

Real-Life Example:
In Municipal Corporation of Delhi v. Subhagwanti (1966), a clock tower collapsed, killing multiple people. The court held the authorities liable under Res Ipsa Loquitur, as such a collapse wouldn’t have occurred without negligence in maintenance.

• “Dura Lex, Sed Lex.”

Meaning: The law is harsh, but it is the law.

Explanation: This maxim highlights that laws must be followed, no matter how strict or unfair they seem. It emphasizes the supremacy of the law over personal hardships.Real-Life Example:
In State of Tamil Nadu v. Suhas Katti (2004), the accused was convicted under Section 67 of the IT Act, 2000 for online harassment. Despite it being one of the earliest cybercrime cases in India, the court upheld the strict application of law, setting a precedent for future cases.