Legal maxims

JOSHIADV99 (Querist) 08 December 2016 This query is : Resolved
Respected all experts, Kindly give your opinion that : The Legal Maxims like, ubi jus ibi remedium, or fiat justitia ruat caelum etc, these all maxims can be used in common parlance in applications of grievance, complaint letter or these legal maxims are bound to be used in petition before Court.

Please suggest where these legal maxims can be used like cases of crime,civil or general grievance or complaint.
Or
these legal maxims are specific, of each maxims their is a specific case required. PLEASE SUGGEST Thank You.

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H.M.Patnaik (Expert) 09 December 2016
In my opinion there is no dividing line in use of Legal maxims in routine matters and grievance petitions. However, such maxims are very well understood in proper context when used in different judicial/ quasi- judicial forums both in writing and orally.

R.K Nanda (Expert) 09 December 2016
in my opinion state facts of any case in simple words instead of using legal maxims.

Rajendra K Goyal (Expert) 09 December 2016
Academic query, state material facts of the problem if any.

JOSHIADV99 (Querist) 09 December 2016
I am made an complaint to Department of Coal & CVC but no action has been taken by the department nor by the CVC, and then i have file an RTI application about my RTI Application but no reply as been given by the CPIO, then i filed 1st appeal where a direction has been given by 1st Appellate Authority to the CPIO that they should provide me information within 15 days, but no reply has been received by the CPIO regardless of direction of FAA, now i want to take this matter to 2nd appeal before CIC, so a reminder in that regard will be sent by me to CPIO & FAA.
So, in this context can this maxim like "ibi jus ubi remedium " can be utilised or not.
Thanking You.

Rajendra K Goyal (Expert) 10 December 2016
No need to send reminder.

You can file second appeal.

J K Agrawal (Expert) 11 December 2016
Legal Maxims are not to be cited in pleadings. These are to be understood only. When we argue the case, we explain the maxim as a law point. Where in pleading it is necessary to resort some legal theorem then we use legal maxim like res judicata, res sub judice, estoppel, caveat emptor etc.

However using a legal maxim is not harmful anyway. Rather it is advisable to use it if possible as it explains a lot in a few words.

Dr J C Vashista (Expert) 12 December 2016
I agree with expert advise of Mr. J K Agarwal, maxim (legal or otherwise) should be avoided in applications.
You will appreciate that most of persons (in authorities) do not have such legal knowledge to take the maxim in right prospective and you may not be provided with desired reply/result.