administrative action of judicial review.
It is an administrative law, which technically means administrative action of judicial review. In a way, in which the court determines who may be an applicant for judicial review. the applicant has a sufficient interest in the matter to which the application relates.
If an application is filled and the applicant is found standing then the request will be heard but that does not mean the success of the final application. And if the applicant is not found to have standing to bring the action, the court will not hear their complaint.
The Special Judge disposed of the petition, "Shri H.S. Chowdhary has no locus standi to claim the relief being sought in the petition." In the petition, the High Court dismissed the petition as being untenable on the sole ground of locus standi.
However, it must be made clear that it cannot be said that lawyers are entitled only because they have the right to practice in a court of law to make petitions in respect of any matter relating to judges, courts and the administration of justice. There are many such issues in which there is no point in asking for relief.
Before leaving this subject, it should be noted that the other question of “locus standi” in the field of administrative law is still not strictly understood and hence it is not possible to lay down principles which could govern all such situations in any one case.
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.
The judges do not answer to a question of fact
These legal maxims means that, ‘The judges do not answer to a question of fact; the jury do not answer to a question of Law’. In simple words, the question of law is for the judge to decide whereas question of fact are for the jury to decide. Question of law are the questions that are decided by taking the help of law. Question of fact are the questions that are decided on the basis of evidence given by both the parties in proof or disproof of a fact.
An incidental remark or opinion by a judge that is not binding.
The legal maxim is of latin origin meaning “said in passing” or an “incidental statement”. The maxim roughly translates to “by the way” and it refers to a statement a person said in passing. While talking in legal terms this maxim refers to a persuasive statement only and it is an unnecessary passage in a judicial opinion. Such statements are not supported by the force of precedent but may be significant to the case.