NEMO CONTRA FACTUM SUUM VENIRE POTEST By – Sushma Gowda

Literal Meaning:-

No man can contradict his own deed.

Origin:-

Nemo – No one, nobody

Contra –  Against, opposite

Factum – Deed, act, fact

Suum –  his/her own

Venire – To come

Potest- Can, is able

No one can come against his own deed Law. No one can contravene 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:-

Vinay Kumar Shakya S/O Sri. Babu … vs State Of U.P. Through Secretary … on 29 April 2005

Vinay Kumar Shakya, a petitioner before us, has filed present writ petition under Article 226, Constitution of India, primarily claiming a writ, order or direction in the nature of certiorari to quash impugned order dated 29-12-2003 passed by Senior Superintendent of Police, District Etawah-Auraiya (Annexure-l to the writ petition) directing the; petitioner to deposit in Police Office Rs. 5,84,046/- towards expense’s for the security (2 Head Security and 4 Security Guards) placed: at his disposal during February 4, 2003 to September 5, 2003 when he was not the Minister in U.P. Government and to issue a writ, order or direction in the nature of mandamus commanding Respondents to provide appropriate security guard to the petitioner for protection of his life and further to direct the Respondents not to harass the petitioner by implicating him in false cases and other usual reliefs.

Explanation:

Nemo Contra Factum Suum Venire Potest is a Latin maxim which means ‘no one can go against his own act’. When an act has once been performed, which is binding on the actor, s/he cannot at will depart from that act or do anything contrary to it. Thus if one has submitted a question to arbitration s/he cannot resile therefrom. S/he cannot validly do anything to prevent the submission procedure. 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 from the principal to enter into it. That might be a good defence in the mouth of the principal, but would not be available to the agent

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