De die in diem – Legal Maxim

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Literal Meaning

From day to day.

Explanation

The above term is a Latin term it means from day to day. In earlier times, the term was used to refer to an action occurring from day to day. It denotes a continuous right of action.

Origin

Latin

Illustration

If a person wrongly places something on another person’s land and leaves it there, then that act is not a single act of trespass. Instead, is a continuing action giving rise to fresh cause of action from day to day.

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Case Reference

a. Lt. Col., S.J. Chaudhary vs. State[1]

Before commencing a trial, a Sessions Judge must satisfy himself that all necessary evidence is available, if it is not, he may postpone the case, but only on the strongest possible ground and for the shortest possible period. Once the trial commences, he should, except for a very pressing reason which makes an adjournment inevitable, proceed de die in diem until the trial is concluded.

b. Commissioner of Wealth Tax, Amritsar V. Suresh Seth[2]

“If once a cause of action arises, and the acts complained of are continuously repeated, the cause of action continues and goes on de die in diem.

c. Commissioner Of Income-Tax, Mysore V. Bangalore Transport Co. Ltd.[3]

“The Hindu undivided family became entitled to a share in the profits of the firm only at the end of every calendar year, and not before. If before that date the right of the family to a share in the profits was divested, no income accrued or arose to the family. In the present case the profits directly arose to the Company de die in diem, and could be ascertained by the method of accounting adopted by the Company at the end of the year or when the business was closed.”

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1] Lt. Col., S.J. Chaudhary v. State, A.I.R. 1984 S.C. 618.

[2] Commissioner of Wealth Tax, Amritsar v. Suresh Seth, A.I.R. 1981 2 S.C.C.790.

[3] Commissioner Of Income-Tax, Mysore V. Bangalore Transport Co. Ltd., A.I.R. 1968 S.C. 75.