Maxim: Allegans contraria non est audiendus

The Latin legal maxim “Allegans contraria non est audiendus” translates to “One alleging contradictory things is not to be heard” in English. This principle is a fundamental concept in legal reasoning and evidentiary rules. It essentially means that a person who makes contradictory or inconsistent statements should not be given credence or should not be heard in a legal proceeding.

Here’s a breakdown of the maxim:

1. Allegans: This is the present participle of “allegare,” which means “to allege” or “to assert.”
2. Contraria: This is the neuter plural form of “contrarius,” which means “contrary” or “opposite.”
3. Non est audiendus: This translates to “is not to be heard.” “Non” is a negation, “est” is a form of “to be,” and “audiendus” is the gerundive form of “audire,” meaning “to hear” or “to be heard.”

Now, let’s discuss the meaning in more detail:

• Legal Context: This maxim is often applied in legal proceedings, especially in matters where a person’s credibility or the consistency of their statements is in question.
• Principle: The maxim reflects the idea that a person who asserts contradictory claims or statements is not reliable or credible. It suggests that if someone takes inconsistent positions or makes contradictory statements, their credibility is undermined, and their assertions may not be accepted as valid evidence.

Examples:

1. In a Contract Dispute: If a party to a contract asserts in one instance that the contract was never signed and, in another instance, claims that the terms of the contract were fulfilled, the principle of “Allegans contraria non est audiendus” may be invoked to challenge the party’s credibility.
2. Witness Testimony: If a witness provides conflicting statements about a certain event during cross-examination, the credibility of the witness may be questioned based on the principle that one making contradictory assertions is not to be heard.
3. Criminal Defense: If a defendant in a criminal case offers inconsistent alibis or explanations for their actions, the principle may be invoked to cast doubt on the reliability of their statements.

In summary, “Allegans contraria non est audiendus” emphasizes the importance of consistency and credibility in legal proceedings and discourages the acceptance of contradictory statements.

Case Laws:

2002  MLD  749     LAHORE-HIGH-COURT-LAHORE

 BASHIR AHMAD              VS.        THE STATE

Allegans contraria non est audiendus —— Allegans contraria non est audiendus”—Meaning and connotation–He who makes mutually contradictory and inconsistent statements is not to be listened to; his testimony deserves to be outrightly rejected.