LEX NON ORITUR EX INJURIA by Sushma Gowda

Literal meaning:-The law does not arise from a mere inquiry

Origin:-Lex means Law, non means not, oritur means arise, ex out of, form, directly, after, away from, injuria means injury.

Jus ex injuria non oritur is issue from Roman law and, thus a part of civil law where it has not been displaced by statute. It is also an accepted principle in the common law again, where it has not been displaced by statute or judicial distinction.

Explanation:- If a person seeking to break and enter your home in the middle of the night, fell into a deep construction hole, he could be estopped or precluded from obtaining damages because of ex injuria.

The maxim is of great importance in international law where it is used to suggest that any state unlawfully obtaining land such as through non-defensive war or other such aggressive action, cannot assert any legal rights to that land unlawfully obtained.

Illustration:-Certain facts when they spring from crime or other illegal or unlawful acts or omissions, no matter how public or prominent, cannot form the basis of law or legal rights.

Often stated as the logical extension of commodom ex injuria sua nemo habere debet as well as crimen omnia ex se natavitiat.

Case Reference:-

Maxim meaning that one cannot change the law merely by violating it. Generally, customary international law only changes with long, consistent, and widespread change in state practice.

However in the case “Devendra Kumar vs State Of Uttaranchal” Nor can a person claim any right arising out of his own wrongdoing

The courts below have recorded a finding of fact that the appellant suppressed material information sought by the employer as to whether he had ever been involved in a criminal case. Suppression of material information sought by the employer or furnishing false information itself amounts to moral turpitude and is separate and distinct from the involvement in a criminal case.

Reference:-

Narmada Bachao Andolan vs State Of M.P. &Anr on 11 May, 2011

Pranballav Saha And Anr. vs Sm. TulsibalaDassi And Anr. on 16 May, 1958

Kamarbai And Ors. vs Badrinarayan And Anr. on 27 July, 1976

Kennady vs G.Gokulakrishnan on 15 March, 2011

Indore Development Authority vs Shailendra (Dead) Through Lrs. And Ors. on 8 February, 2018

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