“An allegation contrary to a deed is not admissible.”
It means if a man has entered into a deed with certain concrete facts, he shall not be permitted to deny any matter which he has so verified.
A executed a registered sales deed in favour of B. After some time, A denied the same. Here, the rule of Allegatio Contra Factum Non Est Admittenda will apply as the allegation made contrary to a deed is not to be heard.
1. Prakash Kedia v. India Infoline Housing Finance(2017)
2. Smt. Chander Prabhav. State(2017)
“With an intention of making a will.”
This is an essential to make a valid will as for whatever will one seeks to enforce, if there exists no Animus Testandi, there can be no will.
“Abundant caution does no harm.”
This principle is generally applied for instruments in which superfluous words have been inserted to express the intention more clearly.
The act itself does not constitute guilt unless done with a guilty mind.
It is a Latin maxim, which means that for any act to be illegal in nature it must be done with a guilty mind. Hence, act done without any intention cannot be punished. Not only is the act of the accused important but also the intention of the accused to do the specific act is equally important to prove the guilt of the accused. Hence, it can be said that mere breach of law is not sufficient to constitute a crime.