7. “The applicant`s argument is based solely on fairness. Since he was only one grade below and was not placed on the 2000 shortlist compared to the vacancy created for candidates of the scheduled caste, he can also be easily accommodated in 2006, since the rules do not set a deadline for the confiscation of the shortlist. In our view, justice is not a one-way street. Justice follows the law according to the maxim aequitas sequitur legem. In other words, it moves to the periphery of the law and if the law allows it to enter, it forms a zygote. This legal maxim states that every accused person has the right to plead not guilty and that a witness is not required to give an answer or produce any document incriminating him. For our law not only refuses to ask a person to accuse himself, but it will not allow his confession unless it is proven that it was made freely and willfully. The one who is first in time is more demanding. A legal principle that older laws take precedence over newer ones.
98. Pacta Sunt Servanda – Agreements must be respected. Or the agreements are legally binding. It is a concept that fairness or the law will not help a person or party to blame. The law will not help a person whose own fault has made legal action necessary. It is interpreted in such a way that the law deals with what is fair and equitable. 23. “Moreover, if the initial act is not in conformity with the law, the subsequent conduct of a party cannot justify it.” Subla Fundamento cedit opus” – a foundation is removed, the superstructure falls.
A person who has done wrong cannot take advantage of his own wrongs and rely on a law to thwart the legal process of a competent court. In such a case, the legal maxim Nullus Commodum Capere Potest De Injuria Sua Propria applies. Those who break the law should not insist that their crime cannot be investigated, tried or investigated. Nor can a person assert a right arising from his own fault (Juri Ex Injuria Non Oritur). It is a legal doctrine that requires courts to follow historical cases when deciding a similar case. It ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it requires courts to follow precedents set by previous decisions. 22. “The Court must take into account that, when interpreting the provisions of a statute, it may add or delete a single word. The legal maxim “A Verbis Legis Non Est Recedendum” means: “There must be no deviation from the terms of the law”.
A section must be interpreted by reading all its parts together, and it is not permissible to omit a part of it. The Court cannot consider that the legislature erred in adopting the Statute; He must assume that the legislator intended what he said. According to the maxim, tortious or contractual acts are destroyed by the death of the injured party or the offending party. Some legal causes of action cannot be invoked after a person`s death, in some cases for defamation. It has also been applied to acts arising from contracts of a purely personal nature, such as marriage vows. With the expansion of trade and industry in the 16th and 17th centuries, English courts were called upon to decide many new cases for which medieval common law provided little or no advice, and judges felt the need for broad and authoritative principles to support their decisions. The English jurist and philosopher Francis Bacon (1561-1626) wrote a collection of common law maxims in Latin with a detailed English commentary on each; and the writings of the English jurist Sir Edward Coke (1552-1634) were full of similar Latin aphorisms, some borrowed from Roman law, others invented. Collections of maxims, usually followed by explanatory commentaries and references to illustrative cases, continued to appear in England and the United States over the next three centuries.
However, with the accumulation of laws, precedents and abundant textbooks, maxims gradually lost their importance. After all, they have been criticized by judges for what was once considered their most valuable feature: their generality and vagueness.