Literal Meaning
He who is silent appears to consent.
Explanation
The maxim ‘Qui Tacet Consentire Videture’ provides that the one stays silent when asked for the consent, it means that he/she is consenting otherwise he/she should have retaliated.
Illustration
Ten friends were making plans for the trip. When one of them pitched idea of going to ‘Goa’, 3 of the friends remained silent and rest other answered in yes and no. According to the principle laid down by the maxim ‘Qui Tacet Consentire Videture’, it should be assumed that the one who remained silent were consenting.
Indian Law Position
The principle laid down by this maxim is recognized in India.
Case Laws
B.Shanmugam vs Thulasirama Reddy
In the above-mentioned case honourable Madras High Court referred the maxim of ‘Qui tacet consentire videtur’.[1]
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
Reference
[1] B.Shanmugam vs Thulasirama Reddy, S.A.No.495 of 2010 and M.P.No.1 of 2010.
