Offer Document for Re-development

KAILAS CHHAYA CO-OPERATIVE HOUSING SOCIETY LTD.
(Regn.No. BOMBAY/HOUSING-720 OF 1964)
Plot No. 24. Rajawadi Road No. 3, Ghatkopar(E), Mumbai 400 077

Dated 18.12.2010
Dear Sir,
We are pleased to receive your response to advertisement for redevelopment of the Society Building.
Details of the same are as under:

A. Area Occupied proportion to the FSI One Plot area:


Flat No Present Area Terrace Area
1] 514
2] 533
3] 500
4] 357
5] 572
6] 590
7] 553
8] 401
9] 564
10] 583
11] 554
12] 392
13] 614 610
14] 392 400
Total 7119
Garage No 1 free of FSI 300
Garage No 2 free of FSI 300
Garage No 3 free of FSI 300


PLOT DESCRIPTION:
The Plot is located in the prime location of Rajawadi opposite lush green award winner Rajawadi Garden.
The Property Card dt 1.11.2010 is without any encumbrances is directly in the name of the Society.
Land and Building is duly conveyed to the Society by the builder by registered conveyance deed.
There is no extra construction beyond permissible by BMC
Survey No of the land is 4735 Kirol Ghatkopar.
At present FSI one plus TDR one is available to be loaded on the building.
The building can be constructed even upto 14 floors.
However, the development can also be completed using full FSI and TDR by constructing only seven floors.

THE EXPECTATION OF, SUBJECT TO NEGOTIATION, THE MEMBERS ARE AS FOLLOWS:

Corpus Fund Rs 900/- or more per square feet of the presently occupied area.
Additional Carpet area using FSI /TDR from 15 % to 20% including balcony
( the present occupied area shown is including balcony area) .
Niche , Flower bed etc 20 % to 25 %.
Monthly rent for alternative accommodation Rs 50/- to Rs 65/- per 600 sq ft carpet fixed for one BHK and per 400 sq ft fixed for one room kitchen flats.
Rs 10,000/- transportation to and fro each for shifting .
One months brokerage for procuring alternative accommodation.
.


DRAFT LETTER OF OFFER SHOWING FINANCIAL TERMS AND EXPERIENCE OF DEVELOPERS


“To,
Mr Narendra Amritlal Sonpal
The Hon. Secretary,
Kailas Chhaya Co-operative Housing Society Ltd
Flat No 10, Kailas Chhaya,
Plot No 24,
3 rd Rajawadi Road,
Ghatkopar(East),
Mumbai 400077

Sub:Offer for Redevelopment of the building of the Society on Plot No 24, City Survey No 4735 Ghatkopar Kirol Taluka admeasuring 661.40 sq meters.

We are pleased to learn that your Society is proposes to redevelop the building after demolition of the present structure of the building.
We are in the field of construction of the buildings and are therefore offer our best financial quotation for the redevelopment of your building as under.

Total area of the Plot 661.40 equivalent to 7119.31 sq ft

Available FSI 7119.31 sq ft

Add:Area offered on consumption of FSI
to the Society’s members for self
occupation addl.…… % on 7119.31 sq ft
-------------------------
Total : Area to be given free
of monetary consideration duly
constructed with all modern
Amenities sq ft

Additional Flower Bed, Nich Area
free of FSI %………. of 7119.31 sq ft
-----------------------------
Total Area sq ft

We will load TDR 7119.31 sq ft

Rent:
Rs /- per sq ft @ minimum 600 Sq ft
for flat with one BHK and 400 sq ft
for one HK flat of carpet area per flat
will be given as rent per month for
alternative accommodation during
construction.
Brokerage
Rs ……….. per sq ft as above will be paid
as brokerage
Shifting Charges
Rs……….. will be paid for to and fro
shifting
Corpus Fund:
Rs ………/- per sq ft shall be paid as
corpus money directly to each
member



BROAD TERMS OF THE OFFER

LOCATION OF FLATS
The members occupying flats in front shall be provided flat on front side only in redeveloped building.

COMPLETION OF THE PROJECT:

IOD and CC to be obtained within six months of the execution of development agreement.
To vacate and hand over the possession of the vacant flats within two months of the notice to vacate.
Notice to vacate to be issued within a week from obtaining IOD and CC.
Building to be completed to the stage of obtaining building completion certificate from the BMC within 24 months with 6 months grace period from the date of handing over the building.
Time will be essence of contract and if the progress of the work is not adhered to as per bar chart, condonation of delay by two month may be granted at society’s discretion for genuine reasons, and failing which the contract shall stand terminated and society shall be deemed to have taken possession of the land and buildings thereon and shall be at liberty invoke bank guarantee. This terms can be relaxed mutually by negotiations and confidence. The Developers shall have no right over the land of the society and the entry on the land for development by the developers shall be that of a licencee. In short, adherence to the time schedule is core and essential condition. It will be the society’s responsibility to obtain vacant flats and NOC from each members.

FINANCIAL QUALIFICATION:

The developer shall endevour to satisfy the Society of his financial capabilities by
showing last three years balance sheet, and profit and loss account or in any other manner as may be satisfactory to the Society.

TECHNICAL QUALIFICATION:

Satisfactory completion of projects in last three years with details of project undertaken
Date of commencement and date of completion. Society should be offered inspection and visit of the completed project.The offer shall accompany compilation of photographs of the buildings completed to appraise of technical capabilities.

Offer document shall be in format described herein below. The offer shall also accompany a cheque of Rs 1,500/- as scrutiny fee.

PARKING SPACE:
Fifty percent of the mandatory total parking spaces available as BMC shall be earmarked for present members.

PLANS:

Before submitting the plans to the BMC, approval of the individual flats as regards the area offered shall be obtained through society and the builder shall be at liberty to choose the lay out of the flat. Each member having flat of 500 sq ft carpet at present shall be provided two bed room, hall , kitchen flats.

RECREATION AREA:

Swimming pool, club house if desired to be provide shall be in open space or on first floor.
SOCIETY’S OFFICE
Society’s office with attached WC and bathroom will be constructed as per BMC maximum standards, with electrical fittings.
Watchman Cabin with rest room attached shall be provided with attached WC and Bath,
with electrical fittings.

BOREWELL
Two borewells with permission of BMC supplying water by separate line to UG tanks and then to separate OH tanks for water for wc, bath, cleaning, gardening etc will be provided. One UG tank to store water from BMC main lines with separate OH tank for storing water for drinking and cooking purposes shall be provided.

TERRACE FLATS
The present members with terrace flats shall be provided equal area of terraces or the developer shall directly settle with individual member.

GARAGES

Present garages shall be provided stilt parking or will be directly settled by the developers.

BANK GUARANTEE
Rs. 1,75,00,000/- reducing manner to be discharged on completion of building phases.

DOCUMENTATION
The for redevelopment shall be drafted by the Advocate of the Society with mutual settlement. Firstly a MOU will be signed settling broad terms and after obtaining the NOC from all members , agreement for development shall be entered into.

STAMP DUTY AND REGISTRATION
Stamp duty and registration fees for all documents shall be paid by the developers
All above terms are basic financial terms and are negotiable.


For Developers

Partner /Director”


The prospective developers can contact Mr Sonpal 9987527752 and 9820300252 and at Email vinaipal@yahoo.co.uk


FOR KAILAS CHHAYA CO-OPERATIVE HOUSING SOCIETY LTD

Sd/- Sd/-
Chairman/Hon secretary

Re-development offer

Offers are invited from reputed builders
For re-development of the building of
KAILAS CHHAYA CHS prime location
Opp Rajawadi (3 acre lush green award winner garden)
plot bearing City Survey No 4735
Plot 661.40 sq mtrs Rajawadi Rd No. 3,
Ghatkopar(East) Title Clear, Conveyance
& Property Card in Name of Society
For obtaining free draft Offer Document and details:
E mail - vinaipal@yahoo.co.uk
Or
Contact Mr Sonpal

9987527752 ; 9820300252
If project found interesting your Offer
should be sent along with Offer Fee Cheque for Rs 1,500/- .
Offer should reach before 10th Jan. 2011

Guidelines and consultation for Re-development of societies in Mumbai

I am having special interest in exploring possibilities, preparing project legal report and settling terms for re development of societies in Mumbai so as to fully protect the socities while assigning work to builders and developers.

SUIT FOR INFRINGEMENT OF COPYRIGHT/TRADEMARK/DESIGN ETC

Suit for infringement of copy right/trade mark/ design/passing off:

Minimum Pleadings:

Ø Goodwill of the product in market

Ø Period of Use of mark

Ø Deceptive similarity

Ø Intention to passing off

Ø Details of sales for several years

Ø Advertisement expenses incurred for several years

Ø Public interest for protection

Power of Attorney -Scope as Witness

Man Kaur (Dead) By Lrs. Versus Hartar Singh Sangha apex court by its judgment dt 5.10.2010 has shown guidlines for a witness power of attorney about his scope of leading evidence as follows:

We may now summarise for convenience, the position as to who should give evidence in regard to matters involving personal knowledge:


(a) An attorney holder who has signed the plaint and instituted the suit, but has no personal knowledge of the transaction can only give formal evidence about the validity of the power of attorney and the filing of the suit.


(b) If the attorney holder has done any act or handled any transactions, in pursuance of the power of attorney granted by the principal, he may be examined as a witness to prove those acts or transactions. If the attorney holder alone has personal knowledge of such acts and transactions and not the principal, the attorney holder shall be examined, if those acts and transactions have to be proved.


(c) The attorney holder cannot depose or give evidence in place of his principal for the acts done by the principal or transactions or dealings of the principal, of which principal alone has personal knowledge.


(d) Where the principal at no point of time had personally handled or dealt with or participated in the transaction and has no personal knowledge of the transaction, and where the entire transaction has been handled by an attorney holder, necessarily the attorney holder alone can give evidence in regard to the transaction. This frequently happens in case of principals carrying on business through authorized managers/attorney holders or persons residing abroad managing their affairs through their attorney holders.


(e) Where the entire transaction has been conducted through a particular attorney holder, the principal has to examine that attorney holder to prove the transaction, and not a different or subsequent attorney holder.


(f) Where different attorney holders had dealt with the matter at different stages of the transaction, if evidence has to be led as to what transpired at those different stages, all the attorney holders will have to be examined.


(g) Where the law requires or contemplated the plaintiff or other party to a proceeding, to establish or prove something with reference to his `state of mind' or `conduct', normally the person concerned alone has to give evidence and not an attorney holder. A landlord who seeks eviction of his tenant, on the ground of his `bona fide' need and a purchaser seeking specific performance who has to show his `readiness and willingness' fall under this category. There is however a recognized exception to this requirement. Where all the affairs of a party are completely managed, transacted and looked after by an attorney (who may happen to be a close family member), it may be possible to accept the evidence of such attorney even with reference to bona fides or `readiness and willingness'. Examples of such attorney holders are a husband/wife exclusively managing the affairs of his/her spouse, a son/daughter exclusively managing the affairs of an old and infirm parent, a father/mother exclusively managing the affairs of a son/daughter living abroad.

GUIDELINES FOR APPROVAL NAME OF COMPANY

Department’s guidelines for deciding cases for availability of names*
Superseding all previous Circulars and Instructions (Circular Letter No. 10(1)–RS/60,
dated 01-04-1960 and Circular Letter No. 10 / (19)-RS/61, dated 15-03-1962) the
Department of Company Affairs has laid down the following principles for deciding
cases for availability of names:
Guiding instructions for availability of names
The procedure for scrutinizing the availability of names of new companies has
recently been re-examined carefully in this Department, having taken into account
the difficulties experienced by some Registrars in the following the instruction
given to them vide Department’s Letter No 10/(19)-RS/61, dated 15-03-1962. This
letter together with the enclosed set of instructions as revised, consolidates, and
is in supersession of all the previous instruction issued from time to time by this
Department. An illustrative list of names considered to be undesirable within the
meaning of Section 20 of the Companies Act, has also been given herewith. The
guiding instructions for deciding cases of making a name available for registration
are given in Appendix A to this letter. In addition to these, the Registrars of
Companies are requested to note the following general instructions also.
1. As the Registrars have hitherto been doing, they should refer only doubtful
and hard cases where they might find it difficult to take a decision, to the
Research and Statistics Division at the Headquarters.
2. Where consultation with the Regional Director on the spot is possible,
Registrars of Companies would take advice before referring doubtful and hard
cases to the Headquarters.
3. The Registrars of Companies may ask the promoters to suggest a panel of
three to five names quite distinct from each other for consideration.
4. The Registrars should adopt a polite attitude and persuade the Company
promoters to suggest names consistent with the guiding principles. They
should explain the difficulties of the Administration in approving names likely
to create confusion in the minds of the public and harm the interest of the
promoters.
5. In case any of the names proposed by the promoters is not agreed to by the
Registrars as available, it should be open to them to follow up the matter by
subsequent letters or application for the same fee within a reasonable period
which may normally be construed to mean three months from the date of
rejection of the name/names proposed.
6. The Registrars may permit the promoters to use the name of the firm in
brackets after the duly approved names as incorporating or successor to
(name of the firm) in order to fulfill the desire of the promoters to retain the
goodwill of their business in cases where the names of firms seeking
registration under the Companies Act is considered as undesirable within the
meaning of Section 20 of the Companies Act.
7. Registrars should ascertain from the promoters if the proposed name/names
were applied for to any other Registrar of Companies and if so, with what
result. In case there is some difference of opinion between the two Registrars
in making the name available, then the case may be referred to the Board for
advice.
8. The following guidelines were substituted vide amended Rule 4A of the
Companies (Central Governments) General Rules & Forms 1956) Notification
G.S.R 720(E) dated 16th November 2007.
8a.The Registrar shall cause to examine the application as to whether
the changed name or the name with which the proposed company is
to be registered, as the case may be, is undesirable within the
meaning of section 20. In case the name is undesirable, he may reject
the same or ask for resubmission of the application with new names
or calls for further information, ordinarily within three days of
receipt of the application.
8b.The applicants shall be given only upto two opportunities for resubmission
of their proposal against the fee paid in the first instance
for name availability after the original application is filed. In the
event the registrar does not find the proposals so submitted and
resubmitted as fit for approval, he shall reject the application after
the second re-submission. However, the applicant will be at liberty to
file fresh application along with prescribed fee.
8c.The Registrar of Companies informs the company or the promoters of
the company that the changed name or the name with which the
proposed company is to be registered, as the case may be, is not
undesirable, such name shall be available for adoption by the said
company or by the said promoters of the company for a period of
sixty days from the date the name is allowed.
8d.If the name so allowed is not adopted on or before the expiry of the
period of sixty days from the date it is allowed, the applicant may
apply for extension for retention of such name for a further period of
thirty days on payment of fifty per cent of the fee prescribed for the
application at the initial stage. No further extension will be granted
after expiry of ninety days from the date the name is allowed in the
first instance. The name allowed shall lapse after expiry of sixty or
ninety days, as the case may be, from the date it is allowed first.
8e.The name allowed by the Registrar before the date of this
notification comes into force, if not adopted, shall lapse after the
expiry of a period of six months from the date on which the name was
initially allowed or renewed. However, in case the name has not been
renewed earlier, the applicant on or before the date of expiry, may
apply for one time extension of such name for a further period of
thirty days on payment of fifty per cent of the fee prescribed for the
application at the initial stage.
9. It is necessary that the “keyword” of proposed name/names are checked
separately with the names of the existing companies beginning with those
“keywords” so as to avoid any possibility of allowing a name with a little
rearrangement of the same words of the existing company which may be
said to be closely resembling each other.
It may be further added that although it is not possible to lay down hard and
fast rules for determining whether a particular name or any two names too
nearly resemble each other, each case, however, will be decided on its merits.
As already emphasized in the earlier circular letter of this Department on the
subject dated 15th March 1962 that the various criteria set out in the guiding
principles at Appendix “A” are not exhaustive but only illustrative of what is
considered to be undesirable names under Section 20 of the Companies Act and
that, by the very nature of the subject all possible cases could not be covered.
It is therefore, suggested that where the Registrars find that certain proposed
names could not be referred to the Research and Statistics Division at the
Headquarters after availing of the help of the Regional Director if available on
the spot.
Guiding instructions for deciding cases of making
a name available for registration
Departments’ guiding principles
The Department has evolved the following guiding principles for deciding
availability of names:
A name which falls within the categories mentioned below will not generally be
made available:
1. If it is not in consonance with the principal objects of the company as set
out in its memorandum of association. This does not necessarily mean that
every name should be indicative of its objects. Bu when there is some
indication of business in the name then it should be in conformity with its
objects.
2. If the Company / Companies main business is finance unless the name is
indicative of that particular financial activities. Viz. Chit Funds /
Investments / Loan, etc.
3. If it includes any word or words which are offensive to any section of the
people.
4. If the proposed name is the exact Hindi translation of the name of an
existing company in English especially an existing company with a
reputation.
5. If the proposed name has a close phonetic resemblance to the name of the
company in existence for example, J.K Industries Ltd., Jay Kay Industries
Limited.
6. If the name is only a general one like Cotton Textile Mills Ltd., or Silk
Manufacturing Ltd., and not specific like Calcutta Cotton Textiles Mills
Limited or Lakshmi Silk Manufacturing Company Limited.
7. If it includes, the word “Co-operative”, Sahakari or the equivalent of word
“Co-operative” in the regional languages of the country.
8. If it attracts the provisions of the Emblems and Names (Prevention of
Improper Use) Act, 1950 as amended from time to time, i.e. use of improper
names prohibited under this Act.
Department of Company Affairs Circulars
General Circular No: 24 of 2001, dated 21-11-2001
Instruction No. 8 of the Guiding instructions circulated, vide this
Department’s Letter No. 10(1)-RS/65, dated 27th November 1965 provides
that a name in the category mentioned below will not generally be made
available:
1. “If it attracts the provisions of the Emblems and Names (Prevention of
Improper Use) Act, 1950 as amended from time to time. i.e. use of
improper names, prohibited under this Act.”
2. It is observed from a communication received from the Department of
Consumer Affairs that the above said instructions are not being followed
scrupulously.
3. The ROCs are advised to take into account the provisions of the above
said Emblems and Names Act while making names available to companies
under the Companies Act, 1956. All the ROCs are requested to adhere to
the above instructions for strict compliance.
9. If it connotes Government’s participation or patronage unless circumstances
justify it. E.g., a name may be deemed undesirable in certain context if it
includes any of the words such as National, Union, Central, Federal,
Republic, President, Rashtrapathi, Small-Scale Industries, Cottage Industries
and Financial Corporation etc.
10. If the proposed name contains the words “British India”
11. If the proposed name implies association or connection with Embassy or
Consulate which suggests connection with local authorities such as
Municipal, Panchayat, Delhi Development Authority or any other body
connected with the Union or the State Government.
12. If the proposed name is vague like D.J.M.O Limited or T.N.V.R Private
Limited or S.S.R.P Limited.
13. If a proposed name implies association or connection with or patronage of a
national hero or any person held in high esteem or important personages
who are occupying important positions in Government so long as they
continue to hold such positions.
14. If it resembles closely the popular or abbreviated descriptions of important
companies like TISCO (Tata Iron and Steel Company Limited), HMT
(Hindustan Machine Tools), ICI (Imperial Chemical Industries), TEXMACO
(Textile Machinery Corporation), WIMCO (Western India Match Company)
etc. In some cases, the first word or first few words may be the key words
and care should be taken that they are not exploited. Such words should not
be allowed even though they have not been registered as trademarks.
a. Where the existing companies are stated and found to be well known
in their respective fields by their abbreviated names, these
companies may be allowed to change their names, by way of
abbreviation with the prior approval of the Regional Director
concerned.
Department’s Circular, dated 31-03-1993
The abbreviated name will be considered only in the case of change of name
under section 21 of the Companies Act, 1956, with the prior approval of the
Regional Director concerned and should not be allowed for adoption by new
companies. [Circular No. 4/93: F. No. 3/14/93-CL V, dated 31-03-1993]
Press Note, dated 05-05-1993
As per existing guidelines, the companies well known in their respective
field by abbreviated names are allowed to change their names by way of
abbreviation (e.g. ABC Limited) with the approval of Department of
Company Affairs after following the requirement of Section 21 of the
Companies Act, 1956. It has now been decided that any such change of
name will require only the prior approval of Regional Director concerned.
The company will, however, continue to make applications in Form 1A for
availability changed names to the concerned Registrar of Companies. It may
be noted that the abbreviated name will not be allowed for adoption by a
new company proposed to be incorporated under the Act [No 3/14/93-CL V:
Press Note No. 1/93, dated 05-05-1993]. The power of Central Government
is now vested with the Registrar.
Department’s Circular, dated 16-02-1995
Presently, there is a restriction on use of abbreviated names (like ITC
Limited) in case of existing companies requiring approval of the Regional
Director concerned. No such approval of Regional Director will now be
necessary and ROCs may take a final decision on such applications in the
light of existing guidelines. (Para iii) [Circular No. 1/95 F. No. 14/6/94-CL V,
dated 16-02-1995]
15. If it is different from the name/names of the existing company/companies
only to the extent of having the name of a place within brackets before the
word limited; for example, Indian Press Limited. To this rule, however,
frequent exceptions are made in the case of the subsidiary and in the case
of a company carrying on local business and in other cases on their merits.
As for an example, “Corner Garage (Delhi) Private Limited” may be allowed
notwithstanding that there is an existing company “Corner Garage Private
Limited” at Calcutta. So would be “Regent Cinema Limited” at Madres, if
there is a company by the name Regent Cinema (Delhi) Limited. These
names may also be allowed if they are in the same group of management.
16. If the proposed name includes common words like “Popular, General,
Janta”, if they are in the same State doing the same business. But in case of
companies in different business in the same State and in all cases when the
registered office of the company is in different States, the name might be
allowed. For instance, if there is “Popular Drug House Private Limited”
existing, another company by the name of “Popular Plastics Private
Limited” should not be objected to.
17. If it includes a name of registered trade-mark unless the consent of the
owner of the trade-mark has been produced by the promoters. It may not be
possible in all cases to check up the proposed name with the trade mark.
However, if the Registrars are in the knowledge or some interested party /
parties bring to their notice a trade mark which is included in the proposed
name then it should not be allowed unless a no-objection certificate is
obtained from the party who has registered the trade mark in its own name.
[Note: Section 20(2)/(3) has been amended by the Trade Marks Act, 1999.
The amended section now provides statutory protection of trade marks in
the matter of availability of name]
18. If a name is identical with or too nearly resembles, the name of which a
company in existence has been previously registered. A few illustrations of
closely resembling names are given below for guidance. The names as
proposed in column 1 should not (normally) be made available in view of the
companies in existence as shown in column 2. However, if a proposed
company is to be under the same management or in the same group and like
to have a closely resembling name to the existing companies under the same
management or group with a view to have advantage of the goodwill
attached to the management or group name such a name may be allowed.
Even in the case of unregistered companies or firms who have built up a
reputation over a considerable period, the principle (that if a name is
identical with or too closely resembles the name by which a company has
been previously registered and is in existence, it should not be allowed)
should be observed as far as practicable. In view of the difficulty in
checking up whether a proposed name is identical with or too nearly
resembles the name of an unregistered company or a firm of repute, it
should at least be ensured that a proposed name is not allowed if it is
identical with or too nearly resembles the name of a firm within the
knowledge of the Registrar. The cases of foreign companies of repute should
also be similarly treated even if there are no branches of such companies in
India.
Proposed Name Existing Company too nearly
resembling name
Hindustan Motor and General Finance Company Hindustan Motor Limited
The National Steel Mfg. Co. Private Limited National Steel Works
Trade Corporation of India Limited State Trading Corporation of India Limited
Viswakaram Engineering Works Private Limited Viswakaram Engineer (India) Private Limited
General Industrial Financing & Trading Co. Ltd. General Financial & Trading Corporation
India Land & Finance Limited Northern India Land & Finance Limited
United News of India Limited United Newspaper Limited
Hindustan Chemicals and Fertilizer Limited Hindustan Fertilizers Limited
19. If it is identical with or too nearly resembles the name of a company in
liquidation, since the name of a company in liquidation is borne on the
register till it is finally dissolved. A name which is identical with or too
closely resembles the name of a company dissolved as a result of liquidation
proceeding should also not be allowed for a period of 2 years from the date
of such dissolution since the dissolution of the company could be declared
void within the period aforesaid by an order of the Court under section 559
of the Act.
Further, as a company which is dissolved in pursuance of action under
section 560 of the Act can be revived by an order of the court before the
expiry of 20 years from the publication in the Official Gazette of the
company being so stuck off, it is considered desirable to stop or
conditionally allow the registration of a proposed name which is identical
with or too nearly resembles the name of such dissolved company for a
period indicated below. Since the period of 20 years as prescribed under the
law is considered an unduly long period, the registration of a proposed name
which is identical with or too nearly resembles the name of the company
dissolved in pursuance of section 560 should not be allowed for a period of
first five years only. During the next five years such a proposed name may
be allowed subject to the condition that in the event of the dissolved
company being restored to life by an order of the Court the new company
would have to change its name. After a lapse of ten years, name identical
with or too nearly resembling those of the dissolved companies may be
allowed without any such condition.
20. If it is different from the name of an existing company merely by the
addition of words like New Modern, Nay etc. Names such as New Bata Shoe
Company, New Bharat Electronic etc should not be allowed. Different
combination of the same words also requires careful consideration. If there
is a company in existence by the name of “Builders and Contractors
Limited” the name “Contractors and Builders Limited” should not ordinarily
be allowed.
21. If it includes words like “Bank”, “Banking”, “Investment”, “Insurance” and
“Trust”. These words may, however, be allowed in cases where the
circumstance justify it. In cases of banking companies the Reserve Bank of
India should be consulted and its advice should be taken before a name is
allowed for registration. The purpose of such consultation is to prevent
small banking companies from misleading the general public by adopting the
names of some well established and leading banks functioning elsewhere
than in India. In case of differences of opinion with the Reserve Bank of
India the matter should be referred to the Board for advice.
22. If the name includes the word “Industries” or “Business” unless the name is
indicative of the business of the proposed company for otherwise it serves
as a lever for the company to diversify its activities.
23. If it includes proper name which is not a name or surname of a director –
such names should not be allowed except for valid reasons. For example, for
sentimental reasons, sometimes, the name of the relatives such as wife, son
or daughter of the director may have to be allowed provided one other word
suggested makes the name quite distinguishable.
24. If it is intended or likely to produce a misleading impression regarding the
scope or scale of its activities which would be beyond the resources at its
disposal. For example, names like Water Development Corporation of India
(Private) Limited, Telefilm of India (Private) Limited, All India Sales
Organization Limited, Inter Continental Import and Export Company
Limited, etc. should not be allowed. When the authorized capital is to be
only a few lakh and the area of operation limited to a State, words like
“International”, “Hindustan”, “India”, “Bharat”, “New India” etc., included
in the proposed name need not stand the same test as Hindustan, India etc.
(as they do not give the same sense). Similarly the words, Bharat, India etc.
If stated in the bracket before the words limited or private limited need not
stand the same test as the words India, etc., put at the beginning of the
name. Also the word “India” or “Bharat” in brackets before the words
limited or private limited does not necessarily mean that the company is an
Indian Branch of some foreign company, such as “Marsdon Electricals (India)
Private Limited”.
25. If the proposed name includes the word “State” along with the name of the
State such as Kerala State Company Limited should not be allowed as it
would give an impression of the Kerala State Government participating in
the share capital of the proposed company. However, if the name of a State
only is included without the addition of the word “State” in the proposed
name then it may be allowed as it is not likely to give the impression that
the company has the State Government’s interest in it.
26. If the proposed name includes the word “Corporation” unless the company
could be recorded as a big sized company. However, the word “Corporation”
and “Company” may be regarded as closely resembling for purposes of
allowing a new name. For example, a company by the name of Rajasthan
Finance Company should be regarded as undesirable within the meaning of
section 20 of the Act as another company by name “Rajasthan Finance
Corporation” already exists.
27. If the proposed name includes words like French, British, German, etc.,
unless the promoters satisfy that there is some form of collaboration and
connection with the foreigners of that particular company or place the
name of which is incorporated in the name. Thus, the name “German Tool
Manufacturing Company Limited” should not be allowed unless the company
has some connection with Germany.
28.Even where except for the first word all the other words of the proposed
name are similar to those of an existing company, the first word should be
considered to be sufficient to distinguish it from the name of the existing
company. For example, “Oriental…. Limited”. [Circular Letter No. 10(1)-
RS/65, dated 27-11-2965. See also Circular No. 10(19)-RS/61, dated 05-05-
1962]
The word “Hindustan” should be kept reserved only for public sector
companies. It may, however, be allowed to be used in the names of the
private sector companies in a large way of business. Similarly the word
“Corporation” may be allowed in the name of the company in case the
authorized capital is more than Rs. 5 crores. [Circular No. 16/74 – F.No.
27/9/74-CL-III dated 27.08.1974]
Further Guidelines for availability of names
Departmental Circular dated 13-05-1999
As ROCs are aware this Department has issued exhaustive guidelines on
avoiding undesirable names for companies as mentioned in section 20 of the
Companies Act, 1956 through Circular No. 10(19)-RS/61 dated 05-05-1962.
Further guidelines were also issued through Circular No. 2/90 (No 1/1/90-
CL-V-27/1/89-CL-III) dated 05-01-1990.
2. In recent times this Department had received a few references which
needed further clarification. The following guidelines / clarifications are
accordingly issued.
3. Names starting with small letters / having small letters / alphabets
3.1 In the past the name search for allowing names for companies used to
be a manual search based on list of names already in existence on a
particular date, names made available by different ROCs (which used to
be circulated periodically) etc. The name search is no longer manual. It
has become a computerized operation in all RoC offices. In view of this
some of the old constraints (like alphabetical listing) which could be a
restrictive factor in manual system do not exist under the present
computerized system.
3.2 ROCs may therefore now allow names starting with small alphabets (like
i2 Technologies Ltd., etc) as such names are being increasingly used by
many companies in other countries. It should however be ensured that
the name starting with small alphabets does not have phonetic or visual
resemblance to the name of a company in existence.
4. Change of name by companies on Computer Software Business
4.1 In recent times it appears that quite a few companies whose principal
object was not computer software and who had actually involved in
financing activities have changed their names to indicate as if they were
in the business of computer software. For this purpose they have
included words like – “Infosys; Software; Systems; Infosystem;
Computers; Cyber; Cyberspace etc” in their names.
4.2 In order that investors are not misled by the strategy adopted by a few
companies ROCs are hereby advised that in future they should allow
change of name to companies to reflect the business of software only if
a substantial portion of their income (as reflected from their audited
accounts or accounts certified by a Chartered Accountant) is derived
from software business. If this is not proved then such change of name
should not be allowed.
5. Companies in Insurance Sector
5.1 It may be recalled that in Guideline No. 21 (printed above) you have
been advised not to allow the word “Bank”, “Banking”, ”Investment”,
”Insurance” and “Trust” unless circumstances justify it. The activities of
the Insurance Sector are being regulated by the Insurance Regulatory
Authority.
5.2 In view of this, in partial modification of the above mentioned
Guideline, it is hereby clarified that ROCs may allow companies to be
registered by them with the word “Insurance” or “Risk Corporation” as
part of the name only after consulting the Reserve Bank of India and
Insurance Regulatory and Development Authority.
Department’s Clarification, dated 30-06-2000
Attention is invited to this Department’s Circular No. 6 of 1999
(5/35/98-CL-V) dated 13th May 1999, in regard to allow ability of
names for entrepreneurs seeking to promote companies for providing
insurance services, in terms of the above circular, such names were
being given only after consulting the Insurance Regulatory
Development Authority Act, 1999, with effect from 19th April 2000 the
Department has received a reference from the Insurance Regulatory
Authority advising that the embargo on registration of names by new
companies could be lifted. In view of this all ROCs are advised that
they may allow names with the word insurance / assurance or Risk
Corporation as part of the name without any need to consult the
Insurance Regulatory Authority. It is hereby clarified that such names
can be allowed only to new companies and not for change of name as
existing companies are not allowed to carry on any insurance activity.
[Circular No. 5, Dated 30-06-2000]
Department’s circular dated 25-04-2003
In partial modification of General Circular No. 5/2000 dated 30th June
2000 it is hereby further clarified that since the Insurance Regulatory
and Development Authority has been notified (Insurance Regulations,
2002 permitting private sector companies to carry on the insurance
business, the Registrar of Companies may permit change of name of
existing companies on their changing the objects to undertake the
business of insurance brokers also. [Circular No. 19/2003, dated 25-
04-2003, F. No. 5/6/2003-CL-V]
6. Use of Generic Names
6.1 Guideline No. 5 relates to inadvisability of allowing companies to have
only generic names without any other proper noun preceding /
succeeding it. Under this category would come the word “Y2K” (i.e.
Year 2000)
6.2 It may kindly be noted that this is a generic one and cannot be allowed
for any company as a “Stand Alone” name [Issued by DCA, vide No.
5/35/98-CL-V: General Circular No. 6/99, dated 13-05-1999]
Use of Name of “Chamber of Commerce” in UK – In England the Company
and Business Names (Chamber of Commerce, etc) Act 1999 restricts the use
of the name chamber of commerce by companies.
Guidelines as to use of Key words
“With a view to maintain uniformity, the following guidelines may be
followed in the use of keywords, as part of name, while making available
the proposed names under section 20 and 21 of the Companies Act, 1956
# Key Words Required
Authorized Capital
1 Corporation Rs. 5 Crore
2
International, Globe, Universal, Continental, Inter
Continental, Asiatic, Asia being the first word of the
name
Rs. 1 Crore
3
If any of the words at (2) above is used within the name
(with or without brackets)
Rs. 50 Lakh
4 Hindustan, India, Bharat being first word of the name Rs. 50 Lakh
5
If any of the words at (4) above is used within the name
(with or without brackets)
Rs. 5 Lakh
6 Industries / Udyog Rs. 1 Crore
7 Enterprises, Products, Business, Manufacturing Rs. 10 Lakh
2. These names with key words at Serial Nos. (6) And (7) may be considered
when the company proposes to deal in various business activities or the
company is already carrying on various business activities (in the case of
change of name). F. No. 27/1/87-CL-III dated 13-03-1989: (1989) 65 com
cases 536 (St.)
No objection from applicants who do not sign memorandum & articles
I. Department’s Circular
“As per Application Form for availability of names (Form No. 1A) prescribed
under rule 4A of the Companies (Central Governments) General Rules and
Forms, 1956, the promoters are, inter alia, required to give the names and
addresses of the prospective directors or promoter, as also the name and
address of the person(s) applying for availability of name. You are requested
to advise your constituents to ensure that the application form is filled up in
all respects and application is made by one or more amongst the promoters.
The Registrars of Companies have been advised to ensure at the time of
registration of a new company that the subscribers to the memorandum and
the articles of association tally with the list of promoters / first director
stated in the application for availability of name and in case, one or more of
the promoters are not interested to participate in the promotion of a new
company at a later state. “No objection letter” from such promoter(s) is
made available to the Registrar, while submitting the documents for
registration. The Registrars of Companies are also being advised to dispose
of applications for availability of name ordinarily within 14 days of the
receipt of application and to correspond with the applicant promoter(s), in
this behalf” No. 27/1/89-CL-III dated 17-02-1989: (1989) 65 Com Cases 575
(St.)
II. Department’s Circular
“I am directed to refer to this Department’s Circular No. 27/1/89-CL-III
dated 17th February 1989 [Printed above] on the above subject, wherein you
were requested to advise your constituents to ensure that the application
form is signed by one or more amongst the promoters and in case one or
more of the promoters are thereafter no more interested in participating in
the promotion of the new company, a no objection letter from such
promoter is made available to the Registrar of Companies at the time of
registration of the new company. Instances came to the notice of the
Department that some promoters are pre-empting the names, which is not a
healthy practice. It has, accordingly, been decided that, in future,
Registrars of Companies should register the company only in cases where
the promoters, as per availability of name and application, are also the
subscribers to the memorandum and articles of association of the proposed
company at the time of its registration. In case of any change in the name(s)
amongst the subscribers the changed subscribers are advised to make fresh
application for the availability of name. The Registrar may, as per existing
procedure, allow the same name, if otherwise available, after three months
from the date when the name was allowed to the original promoter(s)”.
Circular No. 1 of 1990 dated 5th January 1990; (1990) 67 Com Cases 230 (St.)
III. Department’s Circular dated 16-02-1995
The Department vide Circular No. 27/1/89/CL-III dated 17-02-1989 [Printed
above] advised the ROCs to ensure that at the time of registration of a new
company, the subscribers to the Memorandum of Association should tally
with the list of promoters / first directors stated in the application for
availability of name and in case one or more of the promoters are not
interested in participation in the promotion of a new company at a later
stage, a “no objection” letter from such promoter(s) is made available to
RoC. This circular was amended on 05-01-1990 (No. 1/90) [Printed above] to
the effect that ROCs should register the company only in case where the
promoters as per the availability of name application are also subscribers to
the Memorandum. On reconsideration it has now been decided, in partial
modification of the above circular, that so long as there is at least one
promoter common both in name availability application and the subscription
clause of Memorandum & Articles of Association, and others have no
objection, the company may be registered. (Para ii) [Circular No. 1/95, F.
No. 14/6/94-CL-V dated 16-02-1995].
Incorporation of Stock Exchanges, advance approval of name by SEBI
I am directed to draw your attention to this Department’s Circulars No.
27/22/85-CL-III dated 13-01-1986 and 23-03-1993 on the above subject and to
enclose a copy of letter, dated 18-03-1996 [Printed below] received from the
Chairman, SEBI in this regard. You are requested to ensure that under no
circumstance a company is registered with the words “Stock Exchange” as part
of its name without obtaining in principle approval / no objection of Securities
and Exchange Board of India. It may kindly be noted that non-compliance with
these instruction will be viewed very seriously.
Copy of SEBI’s letter, dated 18-03-1996
It has come to our notice that certain companies calling themselves Stock
Exchanges are enrolling members and collecting substantial deposits from
them. The companies who have not obtained permission to operate as a stock
exchange under section 19 of Securities Contracts (Regulation) Act, 1956 or
have not been granted recognition by Central Government / SEBI under section
4 of the above Act are collecting such deposits in violation of the provisions of
the said Act. Section 19(1) of Securities Contracts (Regulation) Act, 1956
prohibits organizing or assisting in organizing any stock exchange without the
permission of the Central Government / SEBI.
In this regard, we request you not to allow such names to new companies which
have the words “Stock Exchange” in them unless they have been given in
principle approval of “No objection” from SEBI. This would ensure that the
investors are not misled by such names into dealing with members of
unrecognized stock exchanges [Circular No. 3/96, vide No. 3/4/96-CL-V dated
12-04-1996]
Incorporation of Venture Capital Companies
Department’s Circular
As per guidelines issued by the Ministry of Finance, Department of Economic
Affairs vide press release No: S 11(86)-CCI/11/87, dated 25-11-1988, only such
venture capital companies which abide by these guidelines shall take advantage
of tax benefits. As per guidelines, approval would be given for establishment of
venture capital companies / funds by the Department of Economic Affairs or
such authority as many be nominated by the Government. It is possible that
some promoters may float a company and call it a Venture Capital Company but
may not avail of the tax benefits available to such companies and in such a
situation, a common investor would not be able to distinguish between
approved venture companies which are within the discipline of the guidelines
and eligible for tax benefits from those who call themselves Venture Capital
Companies, but prefer to remain outside the guidelines and forego tax benefits.
To avoid such eventuality, it has been decided that the words “Venture Capital
/ Venture Capital Company / Venture Capital Finance Company” or such similar
name as part of the proposed name of a company be only allowed when the
company or the promoters have obtained approval from the Department of
Economics Affairs or such authority as may be nominated by the Government on
this behalf”. Circular No. 13/90 dated 27-08-1990.
Incorporation of Asset Management Companies (AMCs) other intermediaries
Guidelines for registration of AMCs
Department’s Circular I
The following guidelines are issued in respect of registration of Asset
Management Companies (AMCs) in consultation with the Securities and
Exchange Board of India:
(a) Approval of AMC by SEBI: As per guidelines, AMC shall be authorised for
business by SEBI on the basis of certain criteria and the memorandum and
articles of association of the AMC would have to be approved by SEBI.
Accordingly, you are advised not to register any company under the
Companies Act 1956, without the memorandum and articles of association
being approved by SEBI.
(b) Authorized Capital of AMC: The primary objective of setting up of an AMC
is to manage the assets of the mutual funds and other activities which it can
carry out, such as, financial services consultancy which do not conflict with
the fund management activity and are only secondary and incidental. That
being so, it may not be practical to expect a company to be set up with a
paid-up capital of Rs. 5 crores to carry on only incidental activities, without
any assurance of its receiving an approval from SEBI to act also as an Asset
Management Company for a mutual fund. You should, therefore, not have
any objection in registering an AMC is the authorized capital of such a
company is approved by SEBI.
3. A copy of these guidelines may also be placed on the notice board of your
office for general information. (Department’s Circular No. 4/92; F. No.
3/14/92-CL-V dated 02-09-1992, addressed to Registrar of Companies)
Department’s Circular II
“Some Registrars are insisting upon the promoters proposing to carry
on the activity as merchant bankers, registrars to an issue,
investment advisers, portfolio managers, etc to obtain prior approval
of SEBI before making available the proposed name or incorporation
of a company. In this connection, it may be pointed out that under
section 12 of the SEBI Act, 1992 the intermediaries associated with
securities market are required to seek registration by making an
application to SEBI, as per regulation made there under, which inter
alia require the applicant to state the date and place of registration,
details of directors, as also to furnish Memorandum and Articles of
Association, if the applicant is a company. However in terms of
Regulation 18(2) of the SEBI (Mutual Fund) Regulations, 1993, Asset
Management Companies (AMCs) are required to submit to SEBI their
respective Memoranda and Articles of Association for approval.
Therefore, unlike the Memoranda and Articles of Association of other
intermediaries, it would be in the interest of concerned AMC’s to get
their Memoranda and Articles of Association cleared by SEBI before
the same are presented to the concerned Registrar of Companies for
registration. In view of the above, you are requested not to insist
upon seeking prior approval of SEBI for registration of intermediaries
like merchant bankers, Registrar to an issue, investment adviser,
portfolio manager etc. However, this Department’s Circular No. 4/92
(No. 3/14/92-CL-V) dated 02-09-1992 will continue to be in force and
you may register an AMC only after its draft Memorandum and
Articles of Association is cleared by SEBI” (Department’s Circular No.
5/94; f. No. 3/14/92-CL-V dated 15-04-1994, addressed to Registrars
of Companies)
User of the words “NIDHIS” or “Mutual Funds” as part name
The Registrars of Companies (ROCs) have been directed by the
Department of Company Affairs (DCA) not to allow registration of
names with words “mutual funds” forming part of some Non-Banking
Financial Companies (NBFCs / NIDHIS under Section 20 of the
Companies Act, 1956) unless such companies are going to be
incorporated actually as mutual funds. ROCs have been informed that
companies declared as NIDHIS and mutual benefits societies under
section 620A of the Companies Act are not mutual funds. Therefore,
names with words “mutual funds” forming part thereof shall also not
be allowed to companies proposed to be incorporated as “NIDHI” or
“mutual benefit societies”. It has come to the notice of the DCA that
some NBFCs or NIDHIS have been registered with words “mutual
funds” forming part of their names, although they are not actually
mutual funds. This is likely to create confusion in the minds of
investors. In case where NBFCs or NIDHIS have already been asked to
get their names changed under section 21 of the Companies Act, 1956
within a reasonable time of six months failing which report would be
sent to the DCA for initiating action for withdrawal of notification
issued in their favour under section 620A of the companies Act. [PIB
Press Release New Delhi dated 14th February 2000]

MAXIMS

Latin Terms

A mensa et thoro - From bed and board.
A vinculo matrimonii - From the bond of matrimony.
Ab extra - From outside.
Ab initio - From the beginning.
Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.
Abundans cautela non nocet - Abundant caution does no harm.
Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal.
Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.
Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent.
Actio non accrevit infra sex annos - The action has not accrued within six years.
Actio non datur non damnificato - An action is not given to one who is not injured.
Actio personalis moritur cum persona - A personal action dies with the person.
Actiones legis - Law suits.
Actori incumbit onus probandi - The burden of proof lies on the plaintiff.
Actus nemini facit injuriam - The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.
Actus reus - A guilty deed or act.
Ad ea quae frequentius acciduunt jura adaptantur - The laws are adapted to those cases which occur more frequently.
Ad hoc - For this purpose.
Ad infinitum - Forever, without limit, to infinity.
Ad perpetuam rei memoriam - For a perpetual memorial of the matter.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores - The judges do not answer to a question of fact; the jury do not answer to a question of Law.
Aedificare in tuo proprio solo non licet quod alteri noceat - It is not lawful to build on one's own land what may be injurious to another.
Aequitas legem sequitur - Equity follows the law.
Aequitas nunquam contravenit legem - Equity never contradicts the law.
Alibi - At another place, elsewhere.
Alienatio rei praefertur juri accrescendi - Alienation is preferred by law rather than accumulation.
Aliunde - From elsewhere, or, from a different source
Allegans contraria non est audiendus - One making contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus - One alleging his own infamy is not to be heard.
Allegatio contra factum non est admittenda - An allegation contrary to a deed is not to be heard.
Ambiguitas contra stipulatorem est - An ambiguity is most strongly construed against the party using it.
Ambiguitas verborum patens nulla verificatione excluditur - A patent ambiguity is never helped by averment.
Amicus curiae - A friend of the Court.
Angliae jura in omni casu libertati dant favorem - The laws of England are favorable in every case to liberty.
Animo furandi - With an intention of stealing.
Animo testandi - With an intention of making a will.
Annus luctus - The year of mourning.
Ante - Before.
Aqua currit et debet currere, ut currere solebat - Water runs and ought to run.
Arbitrium est judicium - An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit - A tree while it grows, wood when it cannot grow.
Argumentum ab auctoritate fortissimum est in lege - An argument drawn from authority is the strongest in law.
Argumentum ab impossibilii plurimum valet in lege - An argument from impossibility is very strong in law.
Argumentum ad hominem - An argument directed a the person.
Argumentum ad ignoratiam - An argument based upon ignorance (i.e. of one's adversary).
Arma in armatos sumere jura sinunt - The laws permit the taking up of arms against the armed.
Assentio mentium - The meeting of minds, i.e. mutual assent.
Assignatus utitur jure auctoris - An assignee is clothed with rights of his assignor.
Audi alteram partem - Hear the other side.
Aula regis - The King's Court.

Benignior sententia in verbis generalibus seu dubiis est preferenda - The more favorable construction is to be placed on general or doubtful words.
Bis dat qui cito dat - He gives (pays) twice who pays promptly.
Bona fide - Sincere, in good faith
Bona vacantia - Goods without an owner
Boni judicis est ampliare jurisdictionem - It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
Boni judicis est judicium sine dilatione mandare executioni - It is the duty of a good judge to cause execution to issue on a judgment without delay.
Boni judicis lites dirimere est - It is the duty of a good judge to prevent litigation.
Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert - A good judge decides according to justice and right and prefers equity to strict law.
Breve judiciale non cadit pro defectu formae - A judicial writing does not fail through defect of forCadit quaestio - The matter admits of no further argument.
Cassetur billa (breve) - Let the writ be quashed.
Casus fortuitus non est spectandus; et nemo tenetur divinare - A fortuitous event is not to be foreseen and no person is bound to divine it.
Catalla reputantur inter minima in lege - Chattels are considered in law among the minor things.
Causa proxima, non remota spectatur - The immediate, and not the remote cause is to be considered.
Caveat emptor - Let the purchaser beware.
Caveat venditor - Let the seller beware.
Cepi corpus et est languidum - I have taken the body and the prisoner is sick.
Cepi corpus et paratum habeo - I have taken the body and have it ready.
Ceteris paribus - Other things being equal.
Consensu - Unanimously or, by general consent.
Consensus ad idem - Agreement as to the same things.
Consuetudo loci observanda est - The custom of the place is to be observed.
Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is best and most powerful in law.
Contra - To the contrary.
Contra bonos mores - Against good morals.
Contra non valentem agere nulla currit praescriptio - No prescription runs against a person not able to act.
Contractus est quasi actus contra actum - A contract is an act as it were against an act.
Conventio et modus vincunt legem - A contract and agreement overcome the law.
Conventio privatorum non potest publico juri derogare - An agreement of private persons cannot derogate from public right.
Coram Domino Rege - In the presence of our Lord the King.
Coram non judice - Before one who is not a judge.
Corpus - Body.
Corpus delicti - The body, i.e. the gist of crime.
Corpus humanum non recipit aestimationem - A human body is not susceptible of appraisement.
Crescente malitia crescere debet et poena - Vice increasing, punishment ought also to increase.
Crimen omnia ex se nata vitiat - Crime vitiates every thing, which springs from it.
Crimen trahit personam - The crime carries the person.
Cujus est dare, ejus est disponere - He who has a right to give has the right to dispose of the gift.
Cujus est solum, ejus est usque ad coelam; et ad inferos - He who owns the soil owns it up to the sky; and to its depth.
Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est - When two things repugnant to each other are found in a will, the last is to be confirmed.
Cursus curiae est lex curiae - The practice of the court is the law of the court.
Custos morum - A guardian of morals.
m.
Damnum sine injuria - damage without legal injury.
De bonis asportatis - Of goods carried away.
De bonis non administratis - Of goods not administered.
De die in diem - From day to day.
De facto - In fact.
De futuro - In the future.
De integro - As regards the whole.
De jure - Rightful, by right.
De minimis lex non curat - The law does not notice trifling matters.
De novo - Starting afresh.
Debile fundamentum fallit opus - Where there is a weak foundation, the work fails.
Debita sequuntur personam debitoria - Debts follow the person of the debtor.
Debitor non praesumitur donare - A debtor is not presumed to make a gift.
Debitum et contractus sunt nullius loci - Debt and contract are of no particular place.
Debitum in praesenti, solvendum in futuro - A present debt is to be discharged in the future.
Delegata potestas non potest delegari - A delegated authority cannot be again delegated.
Derivativa potestas non potest esse major primitiva - The power which is derived cannot be greater than that from which it is derived.
Deus solus haeredem facere potest, non homo - God alone, not man, can make an heir.
Dies Dominicus non est juridicus - Sunday is not a day in law.
Discretio est discernere per legem quid sit justum - Discretion is to discern through law what is just.
Doli incapax - Incapable of crime.
Dominium - Ownership.
Domus sua cuique est tutissimum refugium - Every man s house is his safest refuge.
Dona clandestina sunt semper suspiciosa - Clandestine gifts are always suspicious.
Dormiunt leges aliquando, nunquam moriuntur - The laws sometimes sleep, but never die.
Doti lex favet; praemium pudoris est; ideo parcatur - The law favors dower; it is the reward of chastity, therefore let it be preserved.
Dubitante - Doubting the correctness of the decision.
Duo non possunt in solido unam rem possidere - Two cannot possess one thing each in entirety.
Ei incumbit probatio qui - The onus of proving a fact rests upon the man.
Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies.
Error, qui non resistitur approbatur - An error not resisted is approved.
Et cetera - Other things of that type.
Ex cathedra - With official authority.
Ex concessis - In view of what has already been accepted/
Ex dolo malo actio non oritur - A right of action cannot arise out of fraud.
Ex facie - On the fact of it.
Ex gratia - Out of kindness, voluntary.
Ex nihilo nil fit - From nothing nothing comes.
Ex nudo pacto actio non oritur - No action arises on a contract without a consideration.
Ex parte - Proceeding brought by one person in the absence of another.
Ex post facto - By reason of a subsequent act.
Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is made from things preceding and following.
Ex turpi causa non oritur actio - No action arises on an immoral contract.
Exceptio probat regulam - An exception proves the rule.
Executio est executio juris secundum judicium - Execution is the fulfillment of the law in accordance with the judgment.
Executio est finis et fructus legis - An execution is the end and the fruit of the law.
Executio legis non habet injuriam - Execution of the law does no injury.
Extra legem positus est civiliter mortuus - One out of the pale of the law (i.e. an outlaw) is civilly dead.

F
Faciendum - Something which is to be done.
Factum - An act or deed.
Facultas probationum non est angustanda - The right of offering proof is not to be narrowed.
Falsa demonstratio non nocet - A false description does not vitiate.
Fatetur facinus qui judicium fugit - He who flees judgment confesses his guilt.
Felix qui potuit rerum cognoscere causas - Happy is he who has been able to understand the causes of things.
Felonia implicatur in qualibet proditione - Felony is implied in every treason.
Festinatio justitiae est noverca infortunii - The hurrying of justice is the stepmother of misfortune.
Fictio cedit veritati; fictio juris non est, ubi veritas - Fiction yields to truth. Where truth is, fiction of law does not exist.
Fides servanda est - Good faith is to be preserved.
Fieri facias (abreviated fi. fa.) - That you cause to be made.
Filiatio non potest probari - Filiation cannot be proved.
Firmior et potentior est operatio legis quam dispositio hominis - The operation of law is firmer and more powerful than the will of man.
Forma legalis forma essentialis est - Legal form is essential form.
Fortior est custodia legis quam hominis - The custody of the law is stronger than that of man.
Fractionem diei non recipit lex - The law does not regard a fraction of a day.
Fraus est celare fraudem - It is a fraud to conceal a fraud.
Fraus est odiosa et non praesumenda - Fraud is odious and is not to be presumed.
Fraus et jus nunquam cohabitant - Fraud and justice never dwell together.
Fructus naturales - Vegetation which grows naturally without cultivation.
Frustra probatur quod probatum non relevat - That is proved in vain which when proved is not relevant.
Furor contrahi matrimonium non sinit, quia consensus opus est - Insanity prevents marriage from being contracted because consent is needed.
Generale nihil certum implicat - A general expression implies nothing certain.
Generalia praecedunt, specialia sequuntur - Things general precede, things special follow.
Generalia specialibus non derogant - Things general do not derogate from things special.
Generalis regula generaliter est intelligenda - A general rule is to be generally understood.
Gravius est divinam quam temporalem laedere majestatem - It is more serious to hurt divine than temporal majesty.
Habeas corpus - That you have the body.
Habemus optimum testem confitentem reum - We have the best witness, a confessing defendant.
Haeredem est nomen collectum - Heir is a collective name.
Haeres est nomen juris, filius est nomen naturae - Heir is a term of law, son, one of nature.
Haeres legitimus est quem nuptiae demonstrant - He is the lawful heir whom the marriage indicates.
Homo vocabulum est naturae; persona juris civilis - Man is a term of nature, person of the civil law.
Id est (i.e) - That is.
Id quod commune est, nostrum esse dicitur - That which is common is said to be ours.
Idem - The same person or thing.
Idem nihil dicere et insufficienter dicere est - It is the same to say nothing as not to say enough.
Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses, ignorance of law does not excuse.
Imperium in imperio - A sovereignty within a sovereignty.
Impotentia excusat legem - Impossibility is an excuse in the law.
Impunitas semper ad deteriora invitat - Impunity always leads to greater crimes.
In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.
In alta proditione nullus potest esse acessorius; sed principalis solum modo - In high treason no one can be an accessory; but a principal only.
In Anglia non est interregnum - In England there is no interregnum.
In camera - In private.
In casu extremae necessitatis omnia sunt communia - In a case of extreme necessity everything is common.
In criminalibus probationes debent esse luce clariores - In criminal cases the proofs ought to be cleared than the light.
In curia domini regis, ipse in propria persona jura discernit - In the King s Court, the King himself in his own person dispenses justice.
In delicto - At fault.
In esse - In existence.
In extenso - At full length.
In fictione legis aequitas existit - A legal fiction is consistent with equity.
In foro conscientiae - In the forum of conscience.
In futoro - In the future.
In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is looked at.
In limine - At the outset, on the threshold.
In loco parentis - In place of the parent.
In mortua manu - In a dead hand.
In novo casu novum remedium apponendum est - In a new case a new remedy is to be applied.
In omni re nascitur res quae ipsam rem exterminat - In everything is born that which destroys the thing itself.
In omnibus - In every respect.
In pari delicto potior est conditio possidentis - When the parties are equally in the wrong the condition of the possessor is better.
In personam - Against the person.
In pleno - In full.
In quo quis delinquit in eo de jure est puniendus - In whatever thing one offends in that he is to be punished according to law.
In re dubia magis inficiatio quam affirmatio intelligenda - In a doubtful matter the negative is to be understood rather than the affirmative.
In republica maxime conservanda sunt jura belli - In a State the laws of war are to be especially observed.
In situ - In its place.
In terrorem - As a warning or deterrent.
In testamentis plenius testatoris intentionem scrutamur - In wills we seek diligently the intention of the testator.
In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur - In the delivery of writings (deeds), not what is said but what is done is to be considered.
In verbis, non verba sed res et ratio quaerenda est - In words, not words, but the thing and the meaning are to be inquired into.
Indicia - Marks, signs.
Injuria non excusat injuriam - A wrong does not excuse a wrong.
Intentio inservire debet legibus, non leges intentioni - Intention ought to be subservient to the laws, not the laws to the intention.
Inter alia - Amongst other things.
Interest reipublicae res judicatas non rescindi - It is in the interest of the State that things adjudged be not rescinded.
Interest reipublicae suprema hominum testamenta rata haberi - It is in the interest of the State that men s last wills be sustained.
Interest reipublicae ut quilibet re sua bene utatur - It is in the interest of the State that every one use properly his own property.
Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to litigation.
Interim - Temporary, in the meanwhile.
Interpretare et concordare leges legibus est optimus interpretandi modus - To interpret and harmonize laws is the best method of interpretation.
Interpretatio fienda est ut res magis valeat quam pereat - Such a construction is to be made that the thing may have effect rather than it should fail.
Interruptio multiplex non tollit praescriptionem semel obtentam - Repeated interruption does not defeat a prescription once obtained.
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
Ipsissima verba - The very words of a speaker.
Ipso facto - By that very fact.
Ira furor brevis est - Anger is brief insanity.
Iter arma leges silent - In war the laws are silent.
Judex est lex loquens - A judge is the law speaking.
Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.
Judex non potest injuriam sibi datam punire - A judge cannon punish a wrong done to himself.
Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the plaintiff himself demands.
Judiciis posterioribus fides est adhibenda - Faith must be given to later decisions.
Judicis est judicare secundum allegata et probata - It is the duty of a judge to decide according to the allegations and the proofs.
Judicium non debet esse illusorium, suum effectum habere debet - A judgment ought not to be illusory; it ought to have its proper effect.
Juduces non tenentur exprimere causam sententiae suae - Judges are not bound to explain the reason of their judgment.
Jura naturae sunt immutabilia - The laws of nature are immutable.
Jura publica anteferenda privatis juribus - Public rights are to be preferred to private rights.
Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum - An oath is indivisible and it is not to be held partly true and partly false.
Jurare est Deum in testem vocare, et est actus divini cultus - To swear is to call God to witness and is an act of divine worship.
Jus - A right that is recognised in law.
Jus accrescendi praefertur oneribus - The right of survivorship is preferred to incumbrances.
Jus ad rem; jus in re - A right to a thing; a right in a thing.
Jus dicere, non jus dare - To declare the law, not to make the law.
Jus est norma recti; et quicquid est contra normam recti est injuria - The law is a rule of right; and whatever is contrary to a rule of right is an injury.
Jus naturale - Natural justice.
Jus naturale est quod apud omnes homines eandem habet potentiam - Natural right is that which has the same force among all men.
Jus scriptum aut non scriptum - The written law or the unwritten law.
Jusjurandum inter alios factum nec nocere nec prodesse debet - An oath made between third parties ought neither to hurt nor profit.
Justitia est duplec; severe puniens et vere praeveniens - Justice is two-fold; severely punishing and in reality prohibiting (offences).
Justitia firmatur solium - The throne is established by justice.
Justitia nemini neganda est - Justice is to be denied to no one.
eges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones.
Legibus sumptis desinentibus legibus naturae utendum est - When laws imposed by the State fail, we must use the laws of nature.
Lex aliquando sequitur aequitatem - The law sometimes follows equity.
Lex citius tolerare vult privatum damnum quam publicum malum - The law would rather tolerate a private injury than a public evil.
Lex dabit remedium - The law will give a remedy.
Lex dilationes abhorret - The law abhors delays.
Lex est judicum tutissimus ductor - The law is the safest guide for judges.
Lex est sanctio sancta jubens honesta et prohibens contraria - The law is a sacred sanction, commanding what is right and prohibiting the contrary.
Lex indendit vicinum vicini facta scire - The law presumes that one neighbor knows the acts of another.
Lex necessitatis est lex temporis i.e. instantis - The law of necessity is the law of time, that is time present.
Lex neminem cogit ad vana seu impossiblia - The law compels no one to do vain or impossible things.
Lex nil frustra facit - The law does nothing in vain.
Lex non a rege est violanda - The law must not be violated even by the King.
Lex non deficere potest in justitia exhibenda - The law cannot fail in dispensing justice.
Lex non novit patrem, nec matrem; solam veritatem - The law does not know neither father nor mother, only the truth.
Lex non oritur ex injuria - The law does not arise from a mere injury.
Lex non requirit verificari quod apparet curiae - The law does not require that to be proved which is apparent to the Court.
Lex non favet delicatorum votis - The law does not favor the wishes of the dainty.
Lex plus laudatur quando ratione probatur - The law is the more praised when it is supported by reason.
Lex prospicit not respicit - The law looks forwared, not backward.
Lex punit mendaciam - The law punishes falsehood.
Lex rejicit superflua, pugnatia, incongrua - The law rejects superfluous, contradictory and incongruous things.
Lex spectat naturae ordinem - The law regards the order of nature.
Lex succurrit ignoranti - The law succors the ignorant.
Lex tutissima cassis, sub clypeo legis nemo decipitur - Law is the safest helmet; under the shield of the law no one is deceived.
Lex uno ore omnes alloquitur - The law speaks to all through one mouth.
Longa possessio est pacis jus - Long possession is the law of peace.
Longa possessio parit jus possidendi et tollit actionem vero domino - Long possession produces the right of possession and takes away from the true owner his action.
Magister rerum usus; magistra rerum experientia - Use is the master of things; experience is the mistress of things.
Major continet in se minus - The greater contains the less.
Majus est delictum se ipsum occidere quam alium - It is a greater crime to kill one s self than another.
Mala fide - In bad faith.
Mala grammatica non vitiat chartam - Bad grammar does not vitiate a deed.
Mala in se - Bad in themselves.
Mala prohibita - Crimes prohibited.
Malitia supplet aesatem - Malice supplies age.
Malo animo - With evil intent.
Mandamus - We command.
Maximus magister erroris populus est - The people are the greatest master of error.
Melior est conditio possidentis, ubi neuter jus habet - Better is the condition of the possessor where neither of the two has the right.
Melior testatoris in testamentis spectanda est - In wills the intention of a testator is to be regarded.
Meliorem conditionem suam facere potest minor deteriorem nequaquam - A minor can make his position better, never worse.
Mens rea - Guilty state of mind.
Mentiri est contra mentem ire - To lie is to act against the mind.
Merito beneficium legis amittit, qui legem ipsam subvertere intendit - He justly loses the benefit of the law who seeks to infringe the law.
Minatur innocentibus qui parcit nocentibus - He threatens the innocent who spares the guilty.
Misera est servitus, ubi jus est vagum aut incertum - It is a miserable slavery where the law is vague or uncertain.
Mors dicitur ultimum supplicium - Death is called the extreme penalty.
Muilta exercitatione facilius quam regulis percipies - You will perceive many things more easily by experience than by rules.
Nam nemo haeres viventis - For no one is an heir of a living person.
Naturae vis maxima est - The force of nature is the greatest.
Necessitas inducit privilegium quoad jura privata - With respect to private rights necessity induces privilege.
Necessitas non habet legem - Necessity has no law.
Necessitas publica est major quam privata - Public necessity is greater than private necessity.
Negligentia semper habet infortuniam comitem - Negligence always has misfortune for a companion.
Nemo admittendus est inhabilitare se ipsum - No one is allowed to incapacitate himself.
Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.
Nemo cogitur suam rem vendere, etiam justo pretio - No one is bound to sell his own property, even for a just price.
Nemo contra factum suum venire potest - No man can contradict his own deed.
Nemo debet esse judex in propria causa - No one can be judge in his own case.
Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than he himself has.
Nemo potest contra recordum verificare per patriam - No one can verify by the country, that is, through a jury, against the record.
Nemo potest esse tenens et dominus - No one can at the same time be a tenant and a landlord (of the same tenement).
Nemo potest facere per alium, quod per se non potest - No one can do through another what he cannot do himself.
Nemo potest mutare consilium suum in alterius injuriam - No one can change his purpose to the injury of another.
Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis - No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.
Nemo prohibetur pluribus defensionibus uti - No one is forbidden to make use of several defences.
Nemo punitur pro alieno delicto - No one is punished for the crime of another.
Nemo se accusare debet, nisi coram Deo - No one should accuse himself except in the presence of God.
Nemo tenetur accusare se ipsum nisi coram Deo - No one is bound to accuse himself except in the presence of God.
Nemo tenetur armare adversarium contra se - No one is bound to arm his adversary against himself.
Nexus - Connection
Nihil quod est inconveniens est licitum - Nothing inconvenient is lawful.
Nil facit error nominis cum de corpore constat - An error of name makes not difference when it appears from the body of the instrument.
Nisi - Unless
Non compus mentis - Not of sound mind and understanding
Non constat - It is not certain
Non decipitur qui scit se decipi - He is not deceived who knows that he is deceived.
Non definitur in jure quid sit conatus - What an attempt is, is not defined in law.
Non est arctius vinculum inter homines quam jusjurandum - There is no stronger link among men than an oath.
Non est factum - It is not his deed
Non est informatus - He is not informed.
Non facias malum ut inde veniat bonum - You shall not do evil that good may come of it.
Non jus, sed seisina, facit stipitem - Not right, but seisin makes a stock (from which the inheritance must descend).
Non refert quid notum sit judici si notum non sit in forma judicii - It matters not what is known to the judge if it is not known judicially.
Non sequitur - An inconsistent statement, it does not follow
Nullus commodum capere potest ex sua injuria propria - No one can derive an advantage from his own wrong.
Nullus recedat e curia cancellaria sine remedio - No one should depart from a Court of Chancery without a remedy.
Omne sacramentum debet esse de certa scientia - Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt - All crimes (committed) in the open are (considered) lighter.
Omnia praesumuntur contra spoliatorem - All things are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam utilitate prodeat - Every innovation disturbs more by its novelty than it benefits by its utility.
Optima legum interpres est consuetudo - The best interpreter of laws is custom.
Optimus interpres rerum est usus - The best interpreter of things is usage.
Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from public law.
Par delictum - Equal fault.
Pari passu - On an equal footing.
Partus sequitur ventrem - The offspring follows the mother.
Pater est quem nuptiae demonstrant - The father is he whom the marriage points out.
Peccata contra naturam sunt gravissima - Wrongs against nature are the most serious.
Pendente lite nihil innovetur - During litigation nothing should be changed.
Per curiam - In the opinion of the court.
Per minas - By means of menaces or threats.
Per quod - By reason of which.
Post mortem - After death.
Prima facie - On the face of it.
Prima impressionis - On first impression.
Pro hac vice - For this occasion.
Pro rata - In proportion.
Pro tanto - So far, to that extent.
Pro tempore - For the time being.
Publici juris - Of public right.
Quaeitur - The question is raised.
Quantum - How much, an amount.
Qui facit per alium, facit per se - He who acts through another acts himself.
Qui haeret in litera, haeret in cortice - He who stices to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur - He who is in the womb is considered as already born as far as his benefit is considered.
Qui non habet potestatem alienandi, habet necessitatem retinendi - He who has not the power of alienating is under the necessity of retaining.
Qui non habet, ille non dat - He who has not, does not give.
Qui non improbat, approbat - He who does not disapprove, approves.
Qui non obstat quod obstare potest facere videtur - He who does not prevent what he is able to prevent, is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire videtur - He who does not prohibit when he is able to prohibit, is in fault.
Qui peccat ebrius, luat sobrius - He who does wrong when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet - He who is able and ought to forbit and does not, commands.
Qui prior est tempore potior est jure - He who is prior in time is stronger in right.
Qui sentit commodum, debet et sentire onus - He who derives a benefit ought also to bear a burden.
Qui tacet consentire videtur - He who is silent appears to consent.
Quid pro quo - Consideration. something for something.
Quidcquid plantatur solo, solo cedit - Whatever is planted in or affixed to the soil, belongs to the soil.
Quod ab initio non valet, in tractu temporis non convalescit - What is not valid in the beginning does not become valid by time.
Quod constat curiae opere testium non indiget - What appears to the Court needs not the help of witnesses.
Quod necessarie intelligitur, id non deest - What is necessarily understood is not wanting.
Quod necessitas cogit, defendit - What necessity forces it justifies.
Quod non apparet, non est - What does not appear, is not.
Quod non habet principium non habet finem - What has no beginning has no end.
Quod per me non possum, nec per alium - What I cannot do through myself, I cannot do through another.
Quod prius est verius est; et quod prius est tempore potius est jure - What is first is more true; and what is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit - The law does not require what is vain and useless.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est - When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.
Ratio est legis anima, mutata legis ratione mutatur et lex - Reason is the soul of the law; when the reason of the law changes the law also is changed.
Re - In the matter of.
Reprobata pecunia leberat solventem - Money refused releases the debtor.
Res - Matter, affair, thing, circumstance.
Res gestae - Things done.
Res integra - A matter untouched (by decision).
Res inter alios acta alteri nocere non debet - Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
Res judicata accipitur pro veritate - A thing adjudged is accepted for the truth.
Res nulis - Nobody s property.
Respondeat superior - Let the principal answer.
Rex est major singulis, minor universis - The King is greater than individuals, less than all the people.
Rex non debet judicare sed secundum legem - The King ought not to judge but according to the law.
Rex non potest peccare - The King can do no wrong.
Rex nunquma moritur - The King never dies.
Rex quod injustum est facere non potest - The King cannot do what is unjust.
Salus populi est suprema lex - The safety of the people is the supreme law.
Sciens - Knowingly.
Scienter - Knowingly.
Scire facias - That you cause to know.
Scribere est agere - To write is to act.
Se defendendo - In self defence.
Secus - The legal position is different, it is otherwise.
Semper praesumitur pro legitimatione puerorum - Everything is presumed in favor of the legitimacy of children.
Semper pro matriomonio praesumitur - It is always presumed in favor of marriage.
Sententia interlocutoria revocari potest, definitiva non potest - An interlocutory order can be revoked, a final order cannot be.
Servitia personalia sequuntur personam - Personal services follow the person.
Sic utere tuo ut alienum non laedas - So use your own as not to injure another s property.
Simplex commendatio non obligat - A simple recommendation does not bind.
Stare decisis - To stand by decisions (precedents).
Stet - Do not delete, let it stand.
Sub modo - Within limits.
Sub nomine - Under the name of.
Sub silentio - In silence.
Sublata causa, tollitur effectus - The cause being removed, the effect ceases.
Sublato fundamento, cadit opus - The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens - A subsequent marriage removes the preceding wrong.
Suggestio falsi - The suggestion of something which is untrue.
Sui generis - Unique.
Summa ratio est quae pro religione facit - The highest reason is that which makes for religion, i.e. religion dictates.
Suppressio veri - The suppression of the truth.
Suppressio veri expressio falsi - A suppression of truth is equivalent to an expression of falsehood.
Talis qualis - Such as it is.
Terra firma - Solid ground.
Testamenta latissimam interpretationem habere debent - Testaments ought to have the broadest interpretation.
Traditio loqui chartam facit - Delivery makes a deed speak.
Transit terra cum onere - The land passes with its burden.
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium - When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est - Where there is a right there is a remedy.
Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be no accessory.
Ubi nullum matrimonium, ibi nulla dos es - Where there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam - The last will of a testator is to be fulfilled according to his true intentio.
Ut poena ad paucos, metus ad omnes, perveniat - That punishment may come to a few, the fear of it should affect all.
Utile per inutile non vitiatur - What is useful is not vitiated by the useless.
Verba chartarum fortius accipiuntur contra preferentem - The words of deeds are accepted more strongly against the person offering them.
Verba debent intelligi cum effectu - Words ought to be understood with effect.
Verba intentioni, non e contra, debent inservire - Words ought to serve the intention, not the reverse.
Verbatim - Word by word, exactly.
Vi et armis - With the force and arms.
Via antiqua via est tuta - The old way is the safe way.
Vice versa - The other way around.
Vide - See.
Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep.
Vir et uxor consentur in lege una persona - A husband and wife are regarded in law as one person.
Visitationem commendamus - We recommend a visitation.
Volens - Willing.
Volenti non fit injuria - An injury is not done to one consenting to it.
Voluntas in delictis non exitus spectatur - In offences the intent and not the result is looked at.
Voluntas reputatur pro facto - The will is taken for the deed