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Diya Arvind   20 February 2022

legal maxim

What is the scope of the maxim "Allegiants Contrarie Non-Est Audiendus"?


 1 Replies

Aarushi   20 February 2022

The maxim “Allegiants Contrarie Non-Est Audiendus” is a Latin phrase which means “a person making contradictory allegations are not to be heard”. Used to bring Cross examinations to an end, the doctrine of “estoppel” is based on this maxim. This maxim basically means that a person should not be allowed to contradict his own statements before the Court of Law. Such people are not reliable and their statements cannot be trusted. This maxim is incorporated in Section 115 of the Indian Evidence Act, according to which, once a party has made a statement, it cannot deny and convey another statement to the other party. Once a statement has been made, the parties have to stick to it.

Transmission Corpoation of Andhra Pradesh Ltd. & Ors. v. Sai Renewable Power Pvt. Ltd. & Ors.

In this case, the Court applied the maxim of Allegiants Contrarie Non-Est Audiendus and held that once a contract has been made, the terms cannot be altered by either party just because they think that these terms which they previously agreed on will no longer be beneficial to them.

Hiralal maganlal & Co. v. DCIT

In this case, the Court held that although the case was related to the Income Tax Act, the doctrine of estoppel applied to all judicial and quasi-judicial proceedings, hence, the maxim of Allegiants Contrarie Non-Est Audiendus shall apply in this case too.

Chhotey Lal Kasera v. Kanhaiya Lal Kasera

In this case, the Court held that a person cannot back down from his words, once he has given a statement. Using the words “hot and cold”, the judge said that a man cannot contradict his own statement.

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