Spoken before Lawsuit is brought
• Not merely before the commencement of legal proceedings, but before even the existence of any actual controversy, concerning the subject matter of the declarations. • Brought before suit, before controversy moved. • At the time when declarant had no motive to distort the truth. Brought before suit, before controversy instituted. Also, before the controversy arose.
A document, statement, testimonial- shown as evidence must be produced before the court before the case or the controversy took place.
The condition of 'ante litem motam' involves the idea that the dispute, if any, on the former occasion must not be the same in substance as the dispute in the later suit. The expression used in one of the cases is that the statement now sought to be used will not be excluded if it is merely related to some matter foreign or collateral to the matter in controversy on the former occasion.
The first appellate Court, namely, the District and Sessions Court, Coimbatore, sent the disputed signature to the handwriting expert for getting his opinion. The plaintiff was mandated to furnish before the appellate Court the authentic ante litem motam writings as well as his signatures for comparing the writings as well as signature in the Vardhamana Letter. If for any reason, the writings of the plaintiff could not be furnished, at least former signature of the plaintiff must be furnished to the Court for comparison. Bearing, at the cost of both the plaintiff and the defendants.
A false description does not vitiate
- In simple sense, the maxim means, some inaccurate description or some grammatical mistakes or basic miscalculation will not make the whole gadget or document as a void. - Normally, if a document contains 2 side from which if one side is absolute and correct and another side have some basic inaccuracy than 2nd side shall be rejected instead of considering whole document void also note on that the instrument does not involve any malaise effect. - Thus, if one segment is true and another is not and if the true part decides the subject matter with all possibility than the false segment will be disregard.
“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.
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.