Corpus – Legal Maxim

Literal Meaning

Body

Explanation

Corpus might be used to denote a human body, or a body or group of laws and regulations. The term is commonly put to use in Civil Law to denote a substantial or positive fact, as opposed to one that is ambiguous or uncertain. In the law of estates, the corpus of an estate is the amount of property left behind by the deceased. Corpus juris is another legal maxim used to denote a body of law or a body of the law.

Origin

Latin

Illustration

The corpus of a trust is the entire sum of money or property that is set aside to produce income for a beneficiary in whose name the income is supposed to be transferred.

Case Reference

a. Kanu Sanyal vs. District Magistrate, Darjeeijng & Ors.[1]

Production of the body of the person alleged to be wrongfully restrained being an essential feature of a writ of habeas corpus and the right to obtain a writ of habeas corpus is a fundamental right of the petitioner.

b. Manubhai Ratilal Patel Tr. Ushaben V. State of Gujarat & Others[2]

The writ of habeas corpus has always been given due signification as an effective method to ensure release of the detained person from prison.

C. Srikant V. District Magistrate, Bijapur[3]

“The principle of application of res judicata is not applicable in Writ of Habeas Corpus, so far as High Courts are concerned.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1] Kanu Sanyal v. District Magistrate, Darjeeijng & Ors., A.I.R. 1973 S.C. 2684.

[2] Manubhai Ratilal Patel Tr. Ushaben v. State of Gujarat & Ors., A.I.R. 2013 S.C. 313.

[3] Srikant v. District Magistrate, Bijapur, A.I.R. 2007 1 S.C.C. 486.

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I am Amol Verma from Chanakya National Law University, Patna pursuing B.B.A, LL.B (Hons.). Being a first-generation lawyer, the motivation to study law came from its dynamic nature and how it keeps on changing to cater to the needs of society. My areas of interest include the Law of Contracts, Criminal Law, Corporate Law, and IPR. I love to take part in moot court activities, parliamentary debates, and seminars. I am a member of the Academic and Debating Committee of CNLU and CNLU’s Legal Aid Cell. I like to read, research and write on legal issues as it helps me in understanding the practical functioning of law as well as keeps me updated on the recent legal developments.