Actus Dei Nemini Facit Injuriam means “An act of god causes legal injury to no one”.

In other words, no one is responsible when something (wrong) is done by God

(nature). This denotes any damages caused by the unpredictable natural forces, will
not be covered by the law. It means the law cannot hold anyone responsible for the
act of God i.e. ‘force majeure’. Likewise, no one can complain against any act of God
because such an act is inevitable. Even any legal action or demanding compensation
against the act of God will not be entertained by the Court.

The act of God is used as a defence tool in cases of torts when the situation is beyond
the power of the defendant and the damage is caused by the forces of nature. In such
a case, the defendant will not be liable in tort law for such inadvertent damage. Two
essential elements are required in the application of such a defence. Firstly, there
must be the working of natural forces. Secondly, the occurrence must be
extraordinary and beyond reasoning. And finally, it should be beyond the power of
human beings.

In Ramalinga Nadar v. Narayana Reddiar (AIR 1971 Ker 197) the plaintiff
had a contract with the defendant for transportation of goods. But the goods were
looted by a mob which was beyond the control of the defendant. It was held that
“every event beyond the control of the defendant cannot be said Act of God” and “the
destructive acts of an unruly mob cannot be considered an act of God”. It was also
settled in this case that acts that can be traced to natural forces and which have
nothing to do with the intervention of human agency could be an aid to be acts of
God.

Similarly, in Nicholas v. Marsland (1876) 2 EXD 1, the defendant had several

artificial lakes on his land. Unprecedented rain which had never been witnessed
caused the banks of the lakes to burst and the escaping water carried away the
bridges belonging to the plaintiff. It was held that the plaintiff’s bridges were crashed
by the act of God and the defendant was not liable
Salus Populi suprema lex is a Latin legal maxim that means the
welfare of the people shall be the supreme law. The maxim tends to
imply the information that the law exists to serve the common good.
This can be achieved only when justice is administered lawfully,
judicially, without fear or favor, and without being hampered and
thwarted and this cannot be effective unless respect for it is
fostered and maintained (Pritam Pal v. High Court of Madhya
Pradesh AIR 1992 SC 904).
In all cases of necessity, the interests of an individual must give
way to the interests of the multitude, even though they extend to
his life. This is shown in the experience of every nation and people
upon the face of the earth. The principle governing this rule extends
to private, as well as to public interests.
And from the peasant to the sovereign, all are amenable to its
illimitable sway.
The phrase is the state motto of Missouri, accepted, like many other
states, as an element of its state seal.
It also appears on many coats of arms, sometimes in variant forms
such as Salus Populi suprema lex, or Salus Populi suprema est.
These coats of arms include the City of Salford, the London Borough
of Lewisham, Eastleigh, Harrow, etc. Uses it as the epigraph in the
form Salus Populi suprema lex in his Second Treatise on
Government and refers to it as a fundamental rule for the
government. It was the inscription on the cornet of Roundhead and
Leveller William Rainsborowe during the English Civil War.
The principle of Roman law ‘Salus Populi est suprema lex’ means
that ‘welfare of the people is the paramount law’. This principle is
the abiding principle in the Constitution of India.
The State has been assigned the positive role of helping the people
realize their rights and needs and in doing so the courts of India
have often given expansive interpretation to Article 21 of the
Constitution of India which provides the fundamental right to life.
The article states that no person shall be deprived of his right to life
and personal liberty except according to the procedure established
by law. By expansive interpretation of Article 21, the Right to a
healthy environment has been granted to all persons in India.
On the further interpretation of Article 21, the Hon’ble Supreme
Court of India gave a judgment in the case of A.P. Pollution Control
Board II v. Prof. M.V. Nayudu that, the right to access safe drinking
water is fundamental to life. The court further held that
under Article 21 there is a duty on the State to provide clean
drinking water to its citizens.
Gujarat high court had told the state government not to forget that
“welfare of the people is the supreme law” and advised it on how
public interest is of great importance on the matter of land
acquisition by the Industrialist at an easy go. The case
involved Navyug Industry, which was allotted over 53,000 square
meters of land in 1962 near Patan town. As the city expanded, the
land was covered by the city survey and a portion of the plot was
vested with the government authority. The industry, which was
wound up in 2001, was permitted to sell the land on the condition
that it would not claim another parcel of land in lieu of the plot.
Salus populi suprema lex in Indian Evidence
Act
Section 123 is basically founded on the maxim Salus Populi est
suprema lex, which means that regard for public welfare is the
highest law. This section lays down that no person shall be
permitted to give any evidence derived from unpublished public
records relating to affairs of the state. Such an unpublished record
can be had from the official head of the department concerned, who
may also withhold the permission in case of necessity. The section
also prohibits the disclosure of any evidence derived from
unpublished official records.
It was considered by the Supreme Court in S.P. Gupta v President
of India and held that if the disclosure of the contents of the
document was injurious to the public interest and that the
document belonged to the state it should not be disclosed to secure
the proper functioning of the public service.
In order to claim immunity from disclosure, thereof the document
must be unpublished state documents and must relate to affairs of
the state and the disclosure thereof must be against the interest of
the state or public interest.
Under section 162, the rest documents can be inspected by the
court to examine the privilege claimed that the disclosures would
injure the public interest. After inspection, the court is free to
disclose either whole or in parts, provided that will not give a
distorted or misleading impression of the document.
Vigilantibus Non Dormientibus Jura Subveniunt

Literal Meaning

The law assists only those who are vigilant, and not those who sleep over their
rights.

Explanation
The maxim refers to the obligation of individuals to not only be aware of their rights
under the law, but also to be vigilant while exercising or using the same. The legal
process only benefits those who have been careful enough with their rights, instead
of being ignorant. This maxim expands upon through the Limitation Act of 1963,
which entails that if the suffered/ aggrieved party does not file a suit for relief within
the stipulated period, for the breach of his rights, then it cannot be claimed at a later
stage.
Any suit of legal right infringement will automatically be considered invalid if filed
beyond the limitation period, prescribed by law. In the practical sense, other than the
common civil suit actions, the special legislation on various subject matters
specifically provides for a period of limitation. Such a maxim with supporting
provisions is primarily to ensure that the legal system provides justice for those who
realize legal damage.

Illustration

Filing an appeal at the High Court, in a civil suit from a lower Court, must be done
within 90 days from the date of its decree or order. If X, the aggrieved party,
approaches the High Court after the exhaustion of such a period, then the appeal
would not be entertained, by application of this maxim.

Case Laws
In the case of Nacinchandra N. Majithia vs. State of Maharashtra & Ors (2000), the
Supreme Court made a key observation with respect to the application of this maxim.
Given the aphorism that ‘to err, is human’, could practically lead to unintentional
situations despite being vigilant, which could attract the commission of an offense.
The Courts should not always find means to pull down the shutters of adjudication
before a party seeking justice, instead should take measures to entertain all possible
cases of grievances, if it is genuine.
In the case of Vanka Radhamanohari v Vanke Venkata Reddy and Ors. [1993 (2)
BLJR 875] “An exception to this maxim was observed in this which involved a
criminal case of cruelty to a woman under Section 498-A. The Court observed that,
given the gravity of the offense committed and with respect to the specific facts and
circumstances of this case, the maxim would not be applicable in this case and the
case will be admitted in case of offenses relating to cruelty against women.”

Nam Nemo Haeres Viventis

Literal Meaning

No one is heir of a living person

Explanation

Only when the ancestor dies, does an individual become an actual, complete heir to
another. His / her father or other from whom he/she inherits must be deceased
before a child may become an heir. According to the proverb, nemo est haeres
viventis, the living children are expectant only descendants, and thus no one will take
an estate under that title whilst the ancestor remains. When a will is made by the
testator it is his intention that what will be done to his property after his death and
thus it decides who will be his heir and because of this until death, nothing can be
ascertained?
Illustrations

A is the father of his only son B and through the maxim Nam nemo haeres Viventis B
can be his legal heir but does not become complete heir till A dies.

Case Laws
In Illinois Co. vs. Bosworth, there were only 2 children surviving of Mr. Bosworth to
recover a certain portion of land in New Orleans. The land belonged to his father and
that was seized due to some illegal activities by the father. On petitioner claiming the
land, the Supreme Court of United States used the maxim nam nemo haeres viventis
for the 1st time in this case and held the claim of the petitioner illegal.
In Krishna Kumar Birla vs. Rajendra Singh Lodha, the deceased industrialist Birla
executed several wills and at last will in 1999 bequeathed his properties to the
respondent Rajendra Singh Lodha thereafter the caveat was filed by the appellants
opposing the will as they were his legal heirs.

The court has referred to S.2(h) with the maxim and nam nemi haeres viventis that
there is no heir until the death of a person and he has executed a will so the
properties belonged to the name mentioned in the will.

In Shamsudin vs. Abdul Hoosein If the heir apparent made a settlement of the
property before the death of the propositus and got the money on the account that
he would not have a claim in the share. He cannot make that transfer as he is not the
legal heir by the maxim Nam nemo haeres viventis because the legal owner of the
property is still alive and the transfer was held to be void by the top court.

Expressio Unius Est Exclusio Alterius

Literal meaning

The explicit mention of one (thing) is the exclusion of another

Explanation

The legal maxim simply means that if one of the two possibilities of an event is talked
about expressly, then the second possibility is kicked out by default. Since
simultaneous occurrence of both possibilities of a single event is undesirable and not
valid under the law. In order, to make a particular outcome valid and admissible, the
other aspect has to be completely knocked out. It can also be understood as; when
one or more things of a class are expressly mentioned others of the same class are
excluded. The legal maxim forms the basis of the statutory provisions of law and
states that inclusion of a specific category or class, excludes the other, completely.
Since inclusion of two contradictory statements is violative of the principle of natural
justice. It is also a prominent characteristic of law that an implied exclusion argument
lies whenever there is reason to believe that if the legislature had meant to include a
particular thing within the ambit of its legislation, it would have referred to that thing
expressly. Because of this expectation, the legislature’s failure to mention the thing
becomes grounds for inferring that it was deliberately excluded. Although there is no
express exclusion, the exclusion is implied. The doctrine is useful not only in
determining the extents of contracts but also plays an important role in the
construction of statutes.

It can be interpreted as- Where certain persons or things are specified in the law,
contract or will, an intention to exclude all others from its operation shall be inferred.
In such a case, the reference to the assignment to a financial institution excludes
assignment to any other entity. It is pertinent to note that, the express inclusion of
one (maybe an act, a statute, or a provision), leads to exclusion of the other. This is
a well-established condition, that express inclusion of one means implied exclusion
of others.

Illustration

Let us assume that, initially, A and B enter into a written contract over a certain
matter, then, later on, B cannot depute C on his behalf to execute the contract.
Therefore, it can be observed that entering an express contract between the two
parties A and B excludes any possibility of a third party, C, stepping into the contract
during its execution.

Likewise, if a specific act is barred by the law of land, expressly, under any of its
statutes, then its commission is impliedly illegal and punishable. For instance,
smuggling is an illegal act and is expressly barred under the Indian Penal Code,
any act in furtherance of the same act or any other act of this class is illegal and shall
lead to harsh consequences.

Another example is that, the inclusion of an expressions like, ‘notwithstanding

anything contained in this section’ in the provision bars the possibility of inclusion of
any other condition.

Case laws
In R. r. Therms case, Le Dain J. applied the expressio unius principle of construction
to s. 24 of the Charter. Subsection (2) of s. 24 provides that a court shall exclude
evidence if its admission, having regard to all the circumstances, would bring the
administration of justice into disrepute. In the decision appealed from, the majority in
the Saskatchewan Court of Appeal had held that in addition to the duty to exclude
evidence under s-s. (2), a court has the discretion to exclude evidence under s-s. (1)
of s. 24 if it considers it “appropriate and just in the circumstances” to do so. Le Dain
J., with whom five other members of the court concurred on the point, came to a
contrary conclusion.

In the above-cited case law, it was iterated that, where one set of laws have taken
dominance over the subject matter, and the law itself expressly declares the same,
then, the inclusion of other law governing the same shall be excluded.
Introduction: Jail is a correctional institution used to detain person who are in lawful
custody of state. It includes both under trial and convicts. It is a place or institution in
which a accused is kept isolated from the society and family in unpleasant condition. It is a
most important component of criminal justice system. Which lead to re habitation of
offender. The system of imprisonment represents a curious combination of
different objectives of punishment. It varies from degree of offence. The origin of prison is
inter-linked with the system of imprisonment which originated in the first quarter of
nineteenth century. Modern prison system in India is essentially based on the British Prison
model which is itself is an outcome of prison developments in America during the late
eighteenth century. Earlier concept of jail imprisonment was retribution but modern
concept was reformation, re habitation and correction etc. Shree L. R. Tiwari college of
Law, Mira Road had organized Jail Visit for the T.Y. LLB students of the College. Under the
instruction of Shri. Harshad I Rao, Superintendent, Thana Central Prison, Shri.Sambhaji
Kamble, Jail Instructor, Thane Central Jail made appropriate arraignments for this Jail Visit.
The students visited Thane Central Jail, which is one of the oldest Jail in India on October
3,2022. I/C principal and Professor obtained necessary permissions for this visit and
accompanied &guided students during this visit. Jail authorities after proper identity check
handed over token with the instruction to return the same at the time of exit to ensure safety
and security of all the students. They also provided mask to each of the students and
accompanied by jail officials through out the visit.
History of Thane Central Jail Initially, it was known as Thane Killa or Hirkot Fort. During the
Freedom Struggle of India, this fort was used as a Jail by British. Many well-known Freedom
Fighters were imprisoned in this jail. A few of them were hanged in this jail – including
Chaphekar Brother & Mahadev Ranade – for killing W C Rand. The supreme sacrifice of
Anant Kanhere, Krishnaji Karve & Vinayak Deshpande is a glorious chapter in the
history of Indian Freedom Struggle. Three of them were hanged till death in Thane Central
Jail on 19th April 1910 for the alleged murder of British Officer Mr. Jackson, the District
Collector of Nashik. Shri. Sambhaji Kamble, Jail Instructor, gave valuable information of
these freedom fighters in Freedom Struggle of India. Facilities at the Jail Shri. Sambhaji
Kamble, Jail Instructor, Thane Central Jail accompanied the students and gave very
valuable information. The students were given information about the daily schedule of the
Jail and steps taken in respect of food, facilities and health care provided to the prisoners.
Capacity & Occupancy The jail is having area of 45 acres with capacity of 1105 prisoners.
However currently total 4407prisoners are occupying the jail making the jail overcrowded.
Out of 4407 prisoners 140 are female prisoners. We have been further informed that there
are separate cells for male, female and transgender prisoners. The students were given
information about barracks where prisoners are lodged and they were also informed about
the various activities/works which are assigned to the prisoners. The information was also
given as to how the prisoners are received in the Jail from the various Courts when under
trial prisoners are remanded to magisterial custody and accused who are convicted by the
Criminal Courts

Food
As per the government
directive jail authority provide
960 gram meal twice a day at
10 am in the
morning and 5.30 pm in the
evening apart from morning
breakfast which is provided at
7 am
daily. As per the rules
prisoners can further spent
from their own sources Rs.
6000 per month on
food and other facilities
available in jail.
Medical facilities
Appropriate medical facilities
are being provided to all the
prisoners and under trials. As
per the
rules Government can spent
Rs. 2 to 2.5 lacs on critical
illness of prisoners if needed.
Separate
ward maintained for general
illness and critical illness like
Covid, TB etc.
Skill development and
Rehabilitation
The students were shown the
various factories situated in
jail viz. woodwork,
manufacturing
of cloth for Prisoners, bakery,
Floor Mill, etc.
For the development and
rehabilitation of the prisoner’s
jail is having wood work
factory and
Sewing factory, wherein
prisoners work as per their
skill and earn money as per
pay scale. We
witness crafting of various
wooden small trucks which
were very nice. Jail
authorities provide
appropriate training to the
prisoners enabling them to
develop their skill and earn.
Jail is also
having Bakery which produce
240 kg bread on daily basis
and the same is supplied to
Thane
Mental hospital.
By Working in various jail
factories prisoners Earn
Approx Rs.80-100, per day
and they have to
work for atleast 8-10 hrs, the
salary what they earn they can
Keep with them to spend or
they
can send to their Families
Food As per the government directive jail authority provide 960 gram meal twice a day at 10
am in themorning and 5.30 pm in the evening apart from morning breakfast which is
provided at 7 amdaily. As per the rules prisoners can further spent from their own sources
Rs. 6000 per month onfood and other facilities available in jail. Medical facilities Appropriate
medical facilities are being provided to all the prisoners and under trials. As per the rules
Government can spent Rs. 2 to 2.5 lacs on critical illness of prisoners if needed. Separate
ward maintained for general illness and critical illness like Covid, TB etc. Skill development
and Rehabilitation The students were shown the various factories situated in jail viz.
woodwork, manufacturing of cloth for Prisoners, bakery, Floor Mill, etc. For the development
and rehabilitation of the prisoner’s jail is having wood work factory and Sewing factory,
wherein prisoners work as per their skill and earn money as per pay scale. We witness
crafting of various wooden small trucks which were very nice. Jail authorities provide
appropriate training to the prisoners enabling them to develop their skill and earn. Jail is also
having Bakery which produce 240 kg bread on daily basis and the same is supplied to
Thane Mental hospital. By Working in various jail factories prisoners Earn Approx Rs.80-100,
per day and they have to work for at least 8-10 hrs, the salary what they earn they can Keep
with them to spend or theycan send to their Families
Trial facilities The students were also informed as to how the under trial prisoners are taken
to various courts for attending dates. Facility of video conference for hearing of under trial
prisoners are maintain at the Jail. Total of 14 Video conference set kept in the jail premises
for the online court hearing. Library The mission of a prison library is to make available
educational and leisure resources to prisoners. This is in the form of books, newspapers,
magazines, movies, and library programming. The reason behind the library is that this
will aid in the rehabilitation process, and, most importantly, provide a means of flee and
disruption so that prisoners stay out of trouble. “Idle hands are the devil’s workshop in
prison, and having a book in them is much better than a weapon.” The bookscontained
epics, stories, novels, philosophical items, law books, and different acts, which were
indifferent languages. There were around 5500-6000 books available in the library. The
timings forthe library are 12.00 hrs to 16.00 hrs. Also, prisoners are provided with Daily
Newspaper. Forevery 20 prisoners there are 2 Newspaper. Music Gallery There was a
separate music hall in the jail. It contained almost all the equipment’s of music. Prisoners
who know how to play music or who are interested in learning how to play music are free to
use that hall. Apart from this many music player experts use to come in the jail to teach
music .Educational Activities The prisoners can Enroll For B.COM And B.A from Jail through
Yashwantrao mukta vidyapith.
Experience The students got an opportunity to see the prison life first hand and understand
the environment of the. In the whole process, we ourselves got to know of many laws
regarding the same and were able to enhance our own knowledge. Overall, it was great
experience
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