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Actus curiae neminem gravabit

Maxim
General
Literal meaningAn act of the court harms no one
PronunciationAK-tus KYOO-ree-eye NAY-mi-nem grah-VAH-bit

A court's act must not cause injury to any party. If a party suffers loss because of a court's mistake or delay, the court must undo that loss.

Example

A decree is passed in favour of a party and executed, and the appeal court later reverses it. The court puts the other side back in the position they were in.

Statutory link

Section 144 of the Code of Civil Procedure gives effect to this maxim through restitution when a decree is reversed.

Exceptions / limits

It applies only to losses caused by the court's own act or error, not to losses caused by a party's own wrong.

Exam tip

Asked in civil procedure with restitution under Section 144 CPC.

Memory trick

Court's mistake, court's repair.

Key takeaway

No party should suffer because of a court's act.

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