Legal maxim

The maxim “Actus Curiae Neminem Gravabit” literally means “an act of the Court shall prejudice no man”. This maxim points out that no man should suffer because there was a fault by the Court. This principle is considered to be fundamental one in the Indian Judiciary and Jurisprudence. The Court states that if any loss is suffered by a man due to the negligence of the Court, it becomes the duty of the Court to restore the matter as it would have been before the mistake of the Court. If any party is dependent on a mistaken order or decree of the Court, the blame cannot be shifted on that party for the fault of the Court. The Supreme Court held that the maxim of Actus Curiae Neminem Gravabit finds its application in the Section 152 of the Civil Procedure Code (CPC), according to which if there is any error due to the negligence on behalf of the Court, it must be rectified by it.

Hotel Balaji & Ors. v. State of Andhra Pradesh & Ors.

In this case, the Supreme Court held that it is always a Judge to accept that they are mere humans and mistakes can be made by them. But it is always more important to leave the pride behind and right the wrongs. Therefore, by the use of the maxim Actus Curiae Neminem Gravabit, it was important that no one was faced with injustice by negligence on part of the Court. The Supreme Court also said that while rectifications were made by the Court in a decree or order, it should be noted that the rectification should only be in the accidental slip of the Court and there should not be any reconsiderations on the matter of the Court.

South Eastern Coalfields Ltd. V. State of Madhya Pradesh & Ors.

In this case, the Court held that the aim of the maxim Actus Curiae Neminem Gravabit was not only just to rectify the mistakes of the Court but also to make sure that the order or decree which was mistaken had not proved to be advantageous to one party and harmful for the other.