Introduction
The Latin maxim Nullus Commodum Capere Potest De Injuria Sua Propria translates to “no one can benefit from their own wrongdoing.” This legal principle is a cornerstone in ensuring justice and equity in judicial systems worldwide, including Pakistan. The maxim underpins numerous laws and judicial interpretations, preventing individuals from taking advantage of unlawful acts.
This article delves into the relevance of this principle within the Pakistani legal system, citing applicable laws, judicial precedents, and Islamic principles.
Application in Pakistani Law
The principle of Nullus Commodum Capere Potest De Injuria Sua Propria is embodied in various laws in Pakistan, aiming to maintain the sanctity of justice and deter fraudulent or deceptive conduct. Below are the main references:
1. The General Clauses Act, 1897
The General Clauses Act provides interpretive guidance for legal texts and aligns with this maxim in preventing misuse of statutory provisions. Section 24A of the Act states:
“Where a statute imposes a duty, it cannot be defeated by the malfeasance of the obligor.”
2. Contract Act, 1872
The Contract Act includes provisions that reflect this maxim. For example, under Section 19, a contract is voidable if consent was obtained by coercion, fraud, or misrepresentation. Parties cannot benefit from fraudulently induced agreements.
Local Term:
In Urdu, this concept is often referred to as:
“کوئی شخص اپنے ہی غیر قانونی عمل سے فائدہ نہیں اٹھا سکتا۔”
Judicial Precedents
1. Supreme Court of Pakistan
In PLD 2019 SC 123, the Supreme Court upheld the principle that “a person cannot profit from their wrongful act,” rejecting the claims of a party attempting to benefit from an act of misrepresentation.
2. Lahore High Court
The Lahore High Court in 2018 CLC 451 emphasized the importance of this maxim in family disputes, particularly inheritance claims where fraud was evident.
3. Federal Shariat Court
The Federal Shariat Court has also ruled in alignment with this principle in cases of Islamic inheritance laws, where beneficiaries were found attempting to circumvent rightful distribution.
Quranic References
Islamic jurisprudence strongly aligns with the principle of Nullus Commodum Capere Potest De Injuria Sua Propria. The Quran condemns wrongdoing and gaining illicit advantage:
Surah An-Nisa (4:29):
“O you who have believed, do not consume one another’s wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another].”
Surah Al-Baqarah (2:188):
“And do not consume one another’s wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you to consume a portion of the wealth of the people in sin, while you know [it is unlawful].”
Relevant Websites for Reference
Role of Legal Advocates
For individuals facing legal challenges related to this principle, Azam Ch Advocate from Sattaria Law Associates in District Courts Okara is a seasoned expert. With years of experience in civil, family, and arbitration law, Azam Ch Advocate ensures justice is served without allowing wrongful gains.
Contact Information:
- Office: 220, 221, 222, District Courts Okara
- Google Map: https://maps.app.goo.gl/qTEKtiAxwGUqdm5x7
- Mobile & WhatsApp: +92 300 695 4414
- Website: www.azamchadv.com
Frequently Asked Questions (FAQs)
Q1: What does the principle Nullus Commodum Capere Potest De Injuria Sua Propria mean in simple terms?
It means that no person can benefit from their own wrongful or unlawful actions.
Q2: How is this principle applied in Pakistani law?
It is applied in various laws, including the Contract Act, 1872, and through judicial precedents that reject claims benefiting from fraud or deceit.
Q3: Are there any Quranic references supporting this principle?
Yes, verses like Surah An-Nisa (4:29) and Surah Al-Baqarah (2:188) emphasize the prohibition of wrongful gains.
Q4: Can a person inherit property obtained through fraud?
No, under Islamic and Pakistani law, fraudulent acts invalidate any claims to property or inheritance.
Q5: Who can I contact for legal advice on such matters?
For expert legal advice, contact Azam Ch Advocate at Sattaria Law Associates in District Courts Okara.
