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Aakritu   13 March 2022

Legal maxim

Where does the maxim of "Ad ea Quae Frequentius Accidunt Jura Adaptantur" finds its use?


 1 Replies

Aarushi   13 March 2022

The Latin maxim of “Ad Ea Quae Frequentius Accidunt Jura Adaptantur” literally means that the laws are adopted for those cases which occur more frequently. While framing any law, all the exceptions cannot be taken care of because even the minute difference in facts of two cases makes it different and if we calculate those minute differences, more than a million possibilities will be created, thus the framers of law keep the more frequently occurred incident in mind, and frame the law according to it. The rare and exception cases are assumed to be dealt as the cases comes up. The legislation works on the principal of providing sufficient course of action in all cases, whether a common one or an exception. The law is framed in such a manner that they adapt themselves according to those facts of the cases. When the language of the statute should be such that the statute loses its main purpose, the maxim of Ad Ea Quae Frequentius Accidunt Jura Adaptantur should be applied and the statute should be interpreted in a manner which points to the most commonly committed crime.

Sate of Kerela & Anr. v. P. V. Neelakandan Nair & Ors.

The case was regarding the benefit of increment and promotions under rule 62 of the Kerela Education Rules, 1959. The Court applied the maxim of Ad Ea Quae Frequentius Accidunt Jura Adaptantur and held that under normal circumstances the rules do not refer to pay revisions, rather only to annual increments in income.

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