Question

Act of court can do no wrong to any person. Which concept relates to this ideology

• A. Precept
• B. Caveat
• C. Restitution
• D. Injunction

Hint:

Associate the maxim "Actus curiae neminem gravabit" (an act of the court shall prejudice no one) directly with the concept of Restitution under Section 144 of the CPC. Restitution is the court's way of correcting its own mistakes and restoring the status quo ante.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question refers to the legal maxim "Actus curiae neminem gravabit", which means "An act of the court shall prejudice no one." This principle dictates that if a party suffers a loss or is placed in a disadvantageous position due to an erroneous order or action of the court, the court has a duty to correct its mistake and restore the party to the position they would have been in if the incorrect order had not been passed.
Step 2: Detailed Explanation:
Let's analyze the given options in light of this maxim:
- (C) Restitution: This concept is directly related to the maxim. Section 144 of the Code of Civil Procedure, 1908, provides for the doctrine of restitution. It allows a party who has been deprived of something (e.g., possession of property, money) due to a decree or order that is later varied or reversed in appeal or revision, to have that thing restored to them. The court that passed the original decree has an inherent duty to grant restitution to undo the wrong caused by its own erroneous act.
- (A) Precept (Section 46, CPC): An order issued by one court to another court to attach the property of a judgment-debtor.
- (B) Caveat (Section 148A, CPC): A notice given by a person to a court, requesting that they be heard before any order is passed in a suit or proceeding that might be filed against them.
- (D) Injunction: A judicial remedy restraining a person from beginning or continuing an action.
The ideology that the court must undo the wrong it has caused is embodied in the principle of Restitution.