Category Archives: Doctrines and Principles

Doli Incapax

Admin/ April 17, 2019/ Doctrines and Principles/ 1 comments

‘Doli incapax’ is a Latin legal maxim which means ‘incapability of committing a crime’. The application of this legal maxim can be seen in Sections 82 and 83 of the Indian Penal Code, 1860. In India, children under the age of seven years are completely exempted from any criminal liability by the virtue of Section 82 of the Indian Penal Code

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The Doctrine of Per Incuriam

Admin/ April 17, 2018/ Doctrines and Principles/ 0 comments

`Incuria’ literally means `carelessness’. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The `quotable in law’ is avoided and ignored if it is rendered, `in ignoratium of a statute or other binding authority.

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Principle of Ex Debito Justitiae

Admin/ March 9, 2018/ Doctrines and Principles/ 0 comments

The principle of ex debito justitiae is founded on a recognition of a debt that the justice delivery system owes to a litigant to correct an error in a judicial dispensation. Its application, by the very nature of things, cannot be made to depend on varying perceptions of legal omissions….

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