Nomen juris
| Literal meaning | A legal name |
|---|---|
| Pronunciation | NOH-men YOO-ris |
The name that the law gives to a legal idea or transaction. Courts look at the substance, not just the name.
Example
Parties call an arrangement a licence, but in substance it gives exclusive possession for rent. A court may treat it as a lease.
Case laws
- Associated Hotels of India Ltd. v. R.N. Kapoor (1959), Supreme Court: whether a document is a lease or a licence depends on the real nature of the rights given, not on the label the parties use.
Exam tip
Short-note term.
Memory trick
Name does not decide; substance does.
Key takeaway
The legal name of a transaction does not decide its real nature.
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