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Showing posts from January 5, 2018

Actus curiae neminem gravabit

It’s a Latin expression which means “the act of the Court shall prejudice no one”. The Courts act through their Orders. This expression is based on the elementary legal principle that Courts (including Tribunals) exists for dispensation of justice, and whenever it is brought to their knowledge that a party has suffered due to the “mistake” of the Court, the Courts should forthwith, after satisfying itself that it has committed a “mistake”, rectify the mistake by reviewing / recalling or rectifying its said Order. This expression is founded on the principle that a wrong order should not be perpetuated by keeping it alive and adhering to it. Justice is a virtue which transcends all barriers and the rules or procedures or technicalities of law cannot stand in the way of administration of justice. Law has to bend before justice. If the Court finds that the error pointed out was under a mistake and the earlier Judgment would not have been passed but for erroneous assumption, which ...