Legal Maxims Part 6

1. Nemo Potest esse tenens et dominus

Meaning: Nobody can be both a landlord and a tenant of the same property.

Illustration: If John owns an apartment, he cannot rent it to himself. He can either be the owner or a tenant, but not both at the same time.

2. Nolle prosequi

Meaning: A formal notice of abandonment by either by a plaintiff or prosecutor of all suits or part of a suit.

Illustration: If a prosecutor decides that there is not enough evidence to continue a case against an accused, then he may file a “nolle prosequi” to drop the charges.

3. Novation

Meaning: A new contract that replaces an existing contract with the agreement of all parties.

Illustration: Aman owes Raman’s Rs.100 under a contract, but they agree to a new contract where Chaman will pay Raman instead of Aman. This new agreement replaces the old one.

4. Nullum crimen sine lege, nulla poena sine lege

Meaning: There must be no crime or punishment except in accordance with fixed, predetermined law.

Illustration: If a new law is passed that makes a certain act illegal, a person cannot be punished for doing that act before the law was in force. For example, Stalking was not an offense before 2013 if someone has committed the act of stalking before 2013 when it was not an offense then he cannot be punished for the offense of stalking in 2013 when it was made a punishable offense.

5. Obiter dictum

Meaning: A judge’s incidental or observatory statement that is not necessary for the decision of the case. It does not act as a precedent.Illustration: During a Court case about a car accident, the judge comments on how dangerous texting while driving is. This comment is “obiter dictum” because it is not essential to the case decision. While it may be insightful, it does not set a legal precedent for future cases.