Ex nihilo nil fit

Ex nihilo nil fit

Literal Meaning

From nothing nothing comes.

Explanation & Origin

Nothing comes from nothing (Latin: ex nihilo nihil fit) is a philosophical expression of a thesis first argued by Parmenides. It is associated with ancient Greek cosmology, such as is presented not just in the works of Homer and Hesiod, but also in virtually every internal system—there is no break in-between a world that did not exist and one that did, since it could not be created ex nihilo in the first place.

Ex nihilo is a Latin phrase meaning “out of nothing“. It often appears in conjunction with the concept of creation, as in creatio ex nihilo, meaning “creation out of nothing”, chiefly in philosophical or theological contexts, but it also occurs in other fields.

The phrase ex nihilo also appears in the classical philosophical formulation ex nihilo nihil fit, which means “out of nothing comes nothing”.

Illustration

This maxim applies in the area where the problem of evil is irrelevant unless one could produce a successful argument that a supernatural cause of the universe would be a morally good person.

Case Reference

Khardah Company Ltd vs Raymon & Co. (India) Private, Ltd [1962 AIR 1810]

In this case it was held that  ‘Ex nihilo nil fit‘. On principle therefore it must be held that when an agreement is invalid every part of it including the clause as to arbitration contained therein must also be invalid. That indeed is what has been laid down in the decisions which have been cited before us.

Sundaram Brake Linings Ltd vs Kotak Mahindra Bank Ltd [5th January 2007]

In this case….. But the question is not whether Cl.14 is all comprehensive but whether it could be enforced when the agreement of which it forms an integral part is held to be illegal. Logically speaking, it is difficult to conceive how when an agreement is found to be bad, any portion of it can be held to be good. When the whole perishes, its parts also must perish. ‘Ex nihilo nil fit’. On principle therefore it must be held that when an agreement is invalid every part of it including the clause as to arbitration contained therein must also be invalid.

Sh. Sarabh Balraj Kapoor & Sons vs Mahanagar Telephone Nigam Ltd[31 January, 2013]

In this case it is difficult to conceive how when a contract is found to be bad, its parts must also perish, ‘Ex nihilo nil fit’. One principle, therefore, it must be held that when a contract is invalid, every part of it, including the clause as to arbitration contained therein, must also be invalid.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

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