30 common law principles ruling the litigation front in India – Part I of III

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  30 common law principles ruling the litigation front in India – Part I of III

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1. Principle 1 - Where a right or liability is created by a statute which gives a special remedy for enforcing it the remedy provided by the statute only must be availed of.
2. Principle 2 - Many a time, what seems to be an open and shut case, upon hearing the accused persuades the decision maker to reach a different conclusion.
3. Principle 3 - If there is a conflict between the earlier clause and the later clauses of a deed and it is not possible to give effect to all of them, then the rule of construction is well established that it is the earlier clause that must override the later clauses of the deed and not vice versa.
4. Principle 4 - A taxing statute is to be strictly construed.
5. Principle 5 - When a statute provides a particular thing to be done in a particular manner then it is mandatory to do the same in the manner provided and not otherwise.
6. Principle 6 - There are degrees of proof within the standard of proof.
7. Principle 7 - A party cannot approbate and reprobate at the same time.
8. Principle 8 - Unless they reveal a contrary intention all statutes are to be interpreted as 'always speaking statutes’.
9. Principle 9 - Evidence Obtained by Undesirable Methods - Whether Admissible? The test to be applied in considering whether evidence is admissible is whether it is relevant to the matter in issue. If it is, it is admissible and the court is not concerned with how it was obtained."
10. Principle 10 - How the word "include or includes" used in the interpretation clauses of a statute is to be read and interpreted?
11. Principle 11 - Mischief Rule of Interpretation of Statutes.
12. Principle 12 - Golden Rule of Interpretation.
13. Principle 14 - Lochner Doctrine stands buried: Judicial hands-off qua economic legislation.
14. Principle 15 - uicquid plantatur solo, solo cedit: What is attached to or erected on the land, becomes part of the land.
15. Principle 16 - Contract to Assign and Doctrine of Relation Back.
16. Principle 17 - An absolute restraint on alienation (immovable property) is void.
17. Principle 18 - Rule against alienability of an immovable property.
18. Principle 19 - Fraudulent transfers are not void, but only voidable at the option of the creditor.
19. Principle 20 - There is distinction between actual bias and apparent bias.
20. Principle 21 - Ideas cannot be copyrighted.
21. Principle 22 - Cause of action comprises of every fact which is necessary to be proved
22. Principle 23 - The court never orders a defendant to give particulars of facts and matters which the plaintiff has to prove in order to succeed.
23. Principle 24 - Rule as to evidence beyond pleadings: When pleadings are silent on an issue, the party is precluded from adducing evidence in respect of that issue.
24. Principle 25 - Claim for damages on breach of contract: Reasonable Compensation Principle
25. Principle 26 - When an agreement is invalid every part of it including the clause as to arbitration contained therein must also be invalid.
26. Principle 27 - What is a debt?
27. Principle 28 - What is an interlocutory decision?
28. Principle 29 - A pure question of law can be examined at any stage, including before the court of last resort.
29. Principle 30 - Disobeying the order of the court does not put a bar on a party's right of being heard.

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