Ex facie

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Ex facie

Literal Meaning

On the fact of it.

Explanation & Origin

Ex facie, Latin for “on the face [of it],” is a legal term typically used to note that a document’s explicit terms are defective without further investigation.

It also means on its face or what is apparent.

If a contract is blatantly and obviously incorrect or illegal , it can be considered as void ex facie without any further analysis or arguments.

Illustration

A contract between two parties would be void ex facie if, under a legal system where it was a binding requirement for validity, the document did not require party A to give consideration to party B for services rendered.

Case Reference

Ram Lal vs State & Another [AIR 1966 P H 374]

In this case the Learned counsel Mr.Sudhir Saruparia appearing on behalf of the petitioner has submitted that ex-facie the allegations of the complainant as set out in the FIR impugned do not disclose any offence whatsoever and as such the FIR in its entirety deserves to be quashed. He further submits that as a matter of fact the complainant is in the habit of filing such false FIRs and that earlier also the similar FIR was filed in the year 2008 after the injunction order was passed.

State Of Maharashtra vs Veerappa R. Saboji And Another [1980 AIR 42 1980 SCR]

In this case it was said that the law, it seems to me, is that where the services of a temporary Government servant or a probationer Government servant are terminated by an order which does not ex facie disclose any stigma or penal consequences against the Government servant and is merely a termination order simpliciter, there is no case ordinarily for assuming that it is anything but what it purports to be.

Ramesh Thakur vs State (Nct Of Delhi) & Another [31 August, 2016]

In this case on the issue relating to CD, it is stated in the investigation report that Sant Ram and complainant gave different versions regarding the CD played in the office of Delhi Jal Board. From the finding of the police it is revealed that ex facie motive of complainant is to harass the petitioners and said motive does not require any further evidence in view of the fact that on the one hand she has been insisting for arrest of the petitioners before all forums, on the other hand, she has not been cooperating with the investigation conducted by the officials of respondent no. 1 and monitored by Ld. ACMM.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje