This document discusses the relevance and interpretation of legal maxims in tax statutes. It outlines 31 different legal maxims across several categories including rules of interpretation, rules of equity, interpretation of entries, administrative proceedings, court orders, court proceedings, relevance in penal law, and miscellaneous phrases. The legal maxims provide guidance on interpreting statutes, resolving conflicts, and establishing precedents in legal cases and proceedings.
This document discusses the relevance and interpretation of legal maxims in tax statutes. It outlines 31 different legal maxims across several categories including rules of interpretation, rules of equity, interpretation of entries, administrative proceedings, court orders, court proceedings, relevance in penal law, and miscellaneous phrases. The legal maxims provide guidance on interpreting statutes, resolving conflicts, and establishing precedents in legal cases and proceedings.
This document discusses the relevance and interpretation of legal maxims in tax statutes. It outlines 31 different legal maxims across several categories including rules of interpretation, rules of equity, interpretation of entries, administrative proceedings, court orders, court proceedings, relevance in penal law, and miscellaneous phrases. The legal maxims provide guidance on interpreting statutes, resolving conflicts, and establishing precedents in legal cases and proceedings.
departure is permitted from the words of a statute
2. Ut res magis valeat quam pereat -
construction which will defeat the object of the statute should be avoided. Rules of interpretation 3. Benignior sententia in verbis generalibus seu dubiis est preferenda - the most favourable construction is to be preferred in general or doubtful expressions
4. Expressio unius est exclusio alterius –
express mention of one person or thing is the exclusion of another Rules of interpretation
5. Generalia specialibus non derogant – special
provision will override a general provision
6. Casus omissus – omission in legislation
cannot be supplied by the courts Rules of interpretation 7. Casus omissus et oblivioni datus dispositioni communis juris relinquitur – a case omitted and consigned to oblivion is left to the disposal of the common law
8. Contemporanea expositio est optima et
fortissima in lege - Interpretation of a statute by referring to the exposition it has received from contemporary authority Rules of interpretation 9. Nova constitutio futuris formam imponere debet non praeteritis - Every statute is prima facie prospective unless it is expressly or by necessary implication made to have a retrospective operation
10. Leges posteriores priores contrarias abrogant -
Later law repeals earlier law inconsistent therewith Rules of interpretation 11. Non obstante - A clause in a statute which overrides other provisions of the statute
12. Mutatis Mutandis - When a law directs
that a provision made for a certain type of case shall apply mutatis mutandis in another type of case it means that it shall apply with such changes as may be necessary Rules of interpretation
13. Pari materia - reference to other
statute dealing with the same subject or forming part of the same system Rules of Equity
14. Aequitas defectus supplet - Equity supplies
defects
15. Aequitas erroribus medatur - Equity rectifies
errors Interpretation of entries
16. Ejusdem generis - of the same kind or
species
17. Noscitur a sociis - The meaning of the word
is to be judged by the company it keeps Administrative proceedings
18. Audi alteram partem - No man shall be
condemned unheard
19. Delegata potestas non potest delegari - A
delegate cannot further delegate Court orders
20. Stare decisis - when a point of law has been
settled by decision it forms a precedent
21. Res integra - a point without a precedent
Court orders
22. Per incuriam – wrongly decided
23. Sub silentio - decision on a particular point
of law not perceived by the court or present to its mind Court proceedings
24. Actus curiae neminem gravabit - an act of
the court shall prejudice no man
25. Judicis est jus dicere non jus dare - it is the
province of a judge to declare the law not to make it Court proceedings 26. Res judicata - A final judgment already decided between the same parties or their privies on the same question by a legally constituted court having jurisdiction is conclusive between the parties and the issue cannot be raised again Relevance in penal law
27. Ignorantia juris non excusat - Ignorance of
law is no excuse
28. De minimis non curat lex - law does not
concern itself with trifling matters Relevance in penal law 29.Suppressio veri - suppression or concealment of truth
30.Suppressio veri expressio falsi - suppression
of truth is equal to expression of the false
31.Suggestio falsi - false representation
Miscellaneous phrases 32. De facto - In reality, in fact
33. De jure - According to law or by convention
34. Debitum in praesenti solvendum in futuro –
a debt due at present to be paid in future Miscellaneous phrases 35. Impotentia excusat legem - the impossibility of doing what is required by the law excuses from the performance
36.Vigilantibus et non dormientibus jura
subveniunt - law assists those who are vigilant and not those who sleep over their rights