SYNOPSIS

INTRODUCTION:
Legal maxims are basic fundamental principle of law which are represented in Latin language. As law
mainly deals with society thus the language of law is also closely linked to the society. The history of
legal language which later gave origin to the legal maxims and principles dates back to the Roman
age. These maxims and principle are not mere ideas or rules but these are followed in a live court by
the lawyers and judges. A lawyer uses the maxims to prove his point or make his case stronger by
backing it up by a principle. Whether the judge applies the maxim to give the judgement and make it
fairer and squarer for both the parties. There are some maxims of which principles are there in
codified law. During ancient or medieval period these legal maxims were set up to provide remedies
to individuals in the society in amore tangible form i.e. in a written form. Most of the maxims have
derived itself from the principle of natural justice. The basic reasons and necessities of maxims are
found in principle of natural justice. Later the society got diversed and widened but these maxims was
taken as the base form for making laws. In the present modern era with many new inventions and new
laws every day but every law that is made is made in synchronization with the legal maxims. No
matter how much the society has developed but its roots are still deepened in the fundamental laws
and maxims which provides a skeleton to make new laws.

OBJECTIVE:

The objective of the research work is to analyze and describe how the legal maxims have been used in
various judgements.

SCOPE OF STUDY:

The scope of the project is circumscribed to three legal maxims. Under each maxim there are two
cases which will be analyzed and studied to determine that under what circumstances thess maxim
have been used. The three maxims are:

1. Actionable Per Se
2. Boni Judicis Est Ampliare Jurisdictionem
3. Donatio Mortis Causa

RESEARCH METHODOLOGY:

The researcher has used doctrinal method of research. This research is based upon analytical
explanatory and descriptive method of study.

HYPOTHESIS:

The usage of legal maxims in present day cases and judgements are still intact and have not been
diminished.
RESEARCH QUESTION:

Whether in the modern day the usage of legal maxims and fundamental principle in judgements and
law-making is relevant or not?

LITERATURE REVIEW:

The researcher has taken the help of books, case reports, internet websites for detailed information
regarding cases. All the sources taken are primary sources.

The source list is:

1. BOOKS: selection of legal maxims classified and illustrated by Herbert Broom, Seventh
American, From the Fifth London Edition, With Reference to American cases- The author in
this book has vividly explained the basic fundamental maxims and explained them further by
showing how they are used in various cases. The research work will give utmost importance
to application of legal maxims in the cases and the author in the mentioned book has done so
while explaining the maxims.
2. CASE REPORTS: - ALL INDIA REPORTER- The researcher has taken information from
All India Reporter. As All India Reporter contains most of the supreme court cases. Thus the
six cases as per the project are analyzed through this All India Reporter.
3. INTERNET SOURCES- SCC ONLINE: The online platform was very helpful in getting the
required information as well as in analyzing the cases.

SIGNIFICANCE OF THE RESEARCH PROJECT:

The project provides a detailed analysis of the legal maxims and will be a great use in understanding
the legal maxims and also their usage in real life cases. The project would simplify the meaning of the
legal maxims and also explain under which circumstances it should be used.
 ABSTRACT

The project is mainly focused with the deep analysis and explanation of the three maxims and
how they are relevant while judgements or proceeding of a case. The application of the three
maxims in the cases will also be explained comprehensively. The three legal maxims are 1.
Actionable Per Se which means that actions that do not require the allegation or proof of
additional facts to constitute a cause of action nor any allegation or proof that damages were
suffered. The related cases for the maxim are Srikant Roy Vs Satcori Saha and Dr. Vijay Pahwa
Vs. Bratati Mukherjee. 2. Boni Judicis Est Ampliare Jurisdictionem which means it is the duty of
a good judge to enlarge the jurisdiction of his court. The related cases to this maxim are
Govindaraj Vs Ramadoss and Girish Gautam S/O Malaram Sharma Vs State of Gujarat. 3.
Donatio Mortis Causa which means A gift in prospect of death. When a person in sickness,
apprehending his dissolution near, delivers, or causes to be delivered to another, the possession of
any personal goods to keep as his own, in case of the donor's decease. The related cases for this
maxim are Commissioner of Gift Tax Vs Abdul Karim Mohd. And Hari Pada Mukherjee and Ors
Vs Elokeshi Devi For Self and Shebait. Application of the legal maxims int these cases are the
main objective of the project. The project further explains and proves that how these age-old
maxims are still relevant and used in the present case scenario.