...invoked in interpreting the provisions of the Act and the Rules on the principle of ‘communis error facit jus’.”17. The High Court has also held that the Central...

...intent to give, from the maxim ‘communis error facit jus’. The principle underlying the maxim is that “the law so favours the public good, that it will in some cases permit a common error to pass for...regulated, arrangement as to property had been made, entitlement to properties have passed, the Supreme Court, relying upon the maxim ‘communis error facit jus’, did not disturb the actions, which had...in which, it was introduced was not approved of: even where it was originally a blunder and inconvenient, communis error facit jus.”66. Thus, taking a cue from the decision in Tagore's...

...maxim communis error facit jus should be applied to this case.18. The principles underlying the maxim is that “the law so favours the public good, that it will in some cases permit a...property made on the basis of the decision, it may be right to uphold it, even though convicted that it was originally wrong. In such cases the maxim ‘communis error facit jus’ appiles”.19...not approved of: even where it was originally a blunder, and inconvenient, communis error facit jus. But to refuse to administer a long established law because it was based on a fiction of law...

...have been made and titles to property have passed. We are hence of the opinion that this is a proper case in which the maxim communis error facit jus may be applied.9...was originally a blunder, and inconvenient, communis error facit jus.”10. The doctrine in Tagore case has been altered by three Acts, namely, the Hindu.... The principle underlying the maxim is that “the law so favours the public good, that it will in some cases permit a common error to pass for right”; as an example of which may be mentioned the case of...

...land, they have any such right or privilege but, nobody can deny the de facto exercise of the right in the belief that such a right existed. Communis error facit jus (common error makes the law...proposition Mathew, J. enunciated on the basis of the maxim ‘communis error facit jus’ (common error makes the law) said:“I do not find it possible to accept the view that a merely...). This error was grounded on the solid substratum of continued practice over the years. The conferment of a fundamental right of public assembly would have been an exercise in futility, if the Government...

.... Communis error facit jus (common error makes the law). This error was grounded on the solid substratum of continued practice over the years. The conferment of a fundamental right of public assembly would...

...porperly the function of the legislature as it was at first to introduce that fiction.”20. In my opinion, therefore, the principle of the maxim communis error facit jus applies to the...Kolhan area. In my opinion, the principle of the maxim communis error facitus should be applied to this case. The principle underlying the maxim is that “the law so favours the public good, that it...the maxim ‘communis error facitjus’ applies.”19. In a subsequent case Charles Dalton v. Henry Angus and Co., (1881) 6 A.C 740 at p. 812 (G) Lord...

...notice of the superior Court or whether, in such cases, the maxim ‘communis error facit jus’ is applicable? These are some of the important questions, which the present Letters Patent Appeals have raised...derive the strength for the direction, which we so intent to give, from the maxim ‘communis error facit jus’. The principle underlying the maxim is that “the law so favours the public good, that it..., arrangement as to property had been made, entitlement to properties have passed, the Supreme Court, relying upon the maxim. ‘communis error facit jus’, did not disturb the actions, which had already...

...in the earlier cases in the Sudder Court, or to treat the preseut case as one in which the principles “cursus curiae lex curia” or “communis error facit jus” apply. The late Sudder Court, and this...

...none the less “Communis error facit jus”. “It is better”, said Lord Eldon, that “the law should be certain than that every Judge shall speculate upon improvements in it”.28. There is no...to determine not according to his own private judgment, but according to the known laws of the land — not delegated to pronounce a new law, but to maintain the old “Jus dicere et non jus dare...have become to a great extent a basis of expectation and the ground of mutual dealings. Justice may, therefore, imperatively require that the decision, though founded in error, shall stand inviolate...

...1987. The learned counsel in other words sought to justify the impugned order on the maxim Communis Error Facit Jus (common error sometimes passes current as law). The maxim is based on the principle...that the law favours the public good and in some cases it will permit a common error to pass for right. There is no doubt that there is some logic behind the above maxim. The common error repeated many...

...common error to pass for right. The reluctance has been due to the wholesome fear of interference based upon them “Communis error facit jus.”13. In...

...on the principle of communis error facit jus.13. The High Court has also held that the Central Government had issued directions and instructions relating to technical educational...

...maxim “communis error facit jus” should be applied in this case.47. In V. Ahya’ case (1970 BLJR 855) this Court followed the earlier two decisions referred to hereinabove...publication rather the maxim “Omnia Praesumuntur rite et solenniter esse acta doneo probetur in contrarium” is applicable. Further the maxim “communis error facit jus” should be applied in this case...maxium “commumis error facit jus” should be applied.46. Similarly, in Mahendra Singh's case (AIR 1958 Patna 603) this Court came to the same conclusion and held that...

..., South Tripura, and/ or the Family Court at West Tripura, Agartala, ineffective by cancelling or setting aside the same. I derive strength for this decision of mine from the maxim 'communis error facit jus'. The...blunder and inconvenient, communis error facit jus." (39) Apart from the doctrine of 'communis error facit jus', which I have above, one may ...error facit jus', did not disturb the actions, which had already been taken on the basis of the wrong decision in Tagore's case (supra). The application of this maxim is also traceable in the speech...

...believe that there is no prohibition against the adoption of a boy of any age. The well known Maxim of Law Communis Error Facit Jus (Common error sometimes passes current as law) must apply in such a...matter. The law so far favours the public good, that it will in some cases permit a common error to pass for right because communis opinio is often evidence of what the law is, not where...

...'communis error facit jus'. The principle) underlying the maxim, is that "the law so favours the public good, that it will in some cases permit a common error to pass for...'communis error facit jus', did not disturb the actions, which had already been taken on the basis of the wrong decision in Tagore's case (supra). The application of this maxim is also traceable in...and inconvenient, communis error facit jus." 41. Apart from the doctrine of 'communis error facit jus', which I have referred to above, one may also re...

..., that post-dated cheques used to be cashed in the banks according to the status of the parties concerned. The statement does not, in my view, advance the cause of the second defendant. Communis error facit jus (co...error passes as law) is not a maxim of universal application; but often yields to its counterpart multitudo errantium non parit errori patrocinium (The multitude of those who err...gives no excuse to error).22. Of course, the primary liability for the amount drawn by the first defendant is on himself. But as concerns the bank, the liability is equally on the second...

...doctrine COMMUNIS ERROR FACIT JUS. Our courts do, however, admit this doctrine, though with caution in the belief that unless the erroneous rule is working some manifest hardship, it is better not to...

..., are brought to the notice of the superior Court or whether, in such cases, the maxim 'communis error facit jus' is applicable? These are some of the important questions, which the present Letters Patent...become final, shall not be rendered ineffective. We derive the strength for the direction, which we so intent to give, from the maxim 'communis error facit jus'. The principle underlying the maxim is...made, entitlement to properties have passed, the Supreme Court, relying upon the maxim 'communis error facit jus', did not disturb the actions, which had already been taken on the basis of the wrong...