Maxim: An act of court shall prejudice no man

The legal maxim “An act of court shall prejudice no man” expresses a fundamental principle of justice that emphasizes fairness and impartiality in legal proceedings. This maxim is often associated with the idea that a person should not be unfairly harmed or prejudiced by the actions or decisions of a court. Here’s a detailed explanation along with examples:

1. Meaning in English:
   • The legal maxim can be translated into English as “The actions of the court should not harm anyone” or “No one should suffer prejudice from a court’s actions.”
2. Explanation:
   • This maxim underscores the importance of ensuring that court proceedings are conducted in a manner that upholds the principles of justice and fairness. It emphasizes that the decisions, orders, or actions taken by a court should not unfairly disadvantage any party involved in a legal dispute.
3. Examples:
   • Fair Hearing: If a court were to make a decision without giving a party an opportunity to present their case, it could be considered a violation of this maxim. For instance, if a judge renders a judgment without allowing both sides to present their arguments, it may prejudice one party.
   • Due Process Violation: If a court were to act in a way that denies a person their right to due process, such as not providing notice of a hearing or not allowing the person to be represented by legal counsel, it could be seen as a violation of this maxim.
   • Bias or Prejudgment: If a court were to demonstrate bias or preconceived opinions before hearing the evidence, it might be perceived as acting in a manner that could prejudice one of the parties. This could include situations where a judge expresses personal opinions on the case before it is fully presented.
   • Incorrect Legal Procedures: If a court were to deviate from established legal procedures or fail to apply the law correctly, it could result in a decision that prejudices one party over the other.
4. Legal Context:
   • The maxim is grounded in the principles of natural justice and due process, ensuring that individuals are treated fairly in legal proceedings and that the actions of the court do not lead to unfair or unjust outcomes.

In summary, “An act of court shall prejudice no man” emphasizes the need for courts to act with fairness, impartiality, and adherence to legal procedures to ensure that no party is unfairly harmed or prejudiced by the actions or decisions of the court. It reflects a commitment to the principles of justice and due process.

Case Laws:

1984  CLC  3253     KARACHI-HIGH-COURT-SINDH

  BURJOR M. ANKLESARIA            VS.        ZENOBIA

Maxim–“An act of Court shall prejudice no man”-Sind Rented Premises Ordinance (XVII of 1979), S. 16 (2)-Applicability of maxim-Default in compliance of tentative order-Tenant having two options before him-Either to deposit arrears of rent in cash or getting previously deposited arrears in another Court transferred to Rent Controller concerned-Tenant moving leisurely in matter and showing no anxiety-Maxim that an act of Court shall prejudice no man, held, had no application.