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1980 Supreme(Ker) 191

P.SUBRAMONIAN POTI
KUNCHU VELLA – Appellant
Versus
KESAVAN – Respondent


Judgment :-

1. 'Actus curiae neminem gravabit' is a maxim of ancient origin. Though that maxim in terms covers acts of courts only the replacement of courts in many matters, concerning which normally the courts used to function, by quasi judicial and Administrative Tribunals justifies the extension of this maxim to acts of bodies not strictly judicial in character. Adjudicative process stands extended today even to purely administrative Tribunals like licensing authorities, for instance The citizen faced with a plethora of laws enveloping him in bis normal day-to-day activities is quite often subject to the decisions of statutory functionaries whose decisions may quite often be administrative in character Their wrong acts and omissions may cause as much barm today as the acts or omissions of courts. Hence the age - old maxim

that the act of court shall prejudice no man must be read today as extended to the acts and omissions of all authorities and Tribunals engaged in dealing with rights of parties. It would not be fair to visit an innocent party with adverse consequences when he is not at fault and he has performed whatever the statute expects of him. If the default, despite his p



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