Legal Maxim

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Literal Meaning

No one can go against his own act

Origin

Latin

Explanation

When a person has performed an act, it is binding on him and he/she cannot depart from that act or do anything contrary to it. No one can intervene in his/her own deed. The principle of estoppel applicable to deeds or sealed instruments. Thus, a party to a bond cannot deny a fact in it.

Illustration

An agent who enters into a contract on behalf of his principal cannot subsequently depart from his contract on the ground that he had no authority to enter into it. Though it might be a fair defense on the part of the principal, it would not be available to the agent.

Case Law

In Vinay Kumar Shakya S/O Sri. Babu vs the State of U.P, the Allahabad High Court held that ‘It is a well-settled principle of the law that ‘No one can come against one’s own act’ base on legal Maxim- ‘Nemo Contra factum Suum Venire Protest’ Government/Respondents are not supposed and/or expected to litigate rashly or without reasonable ground.’

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