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Nunc Pro Tunc: Definition and Meaning
Nunc Pro Tunc is a principle rule of judicial administration which is used across times to administer justice in its entirety to parties in a court of law. It’s a legal phrase which refers to an order of court which directs that its earlier ruling would be applied retroactively. Hence, its just a procedural formulation which seeks to cure a prior defect in order to protect the rights of parties.
What is the meaning of Nunc Pro Tunc?
The phrase Nunc Pro Tunc is a Latin maxim which is literally defined as “now for then”. It means that a present order is directing for past changes in the present times. The maxim is usually applied in order to cure technical errors in the implementation of judgments or rulings of court primarily from a past date.
Nunc Pro Tunc in India
The maxim of Nunc Pro Tunc is applied widely by courts especially the superior court for the effective implementation of the laws as settled and decided through judicial proceedings.
However, primarily the maxim is applied to make the “Actus Curiae Neminem Gravabit” effective in entirety. The latter maxim means that an act of court should prejudice no one and therefore if injustice is done to anyone by an action of the court, then it should be undone by the court itself. The suitors usually suffer due to delay in the proceedings therefore, the courts remedy the loss by granting them relief from the date when the cause of action or the suffering starts.
Limited Application of the Maxim
The maxim of Nunc Pro Tunc has a very limited and circumscribed application as it can only be used for making a judgment or order to be effective in a retroactive manner, hence it only deals with date of enforcement of the ruling. The maxim as a legal rule cannot be used for making corrections or changes in the judgment itself, thus, the conclusion as arrived in the judicial decision cannot be altered.
For instance, in one of its 2017 judgment, the Supreme Court affirmed that due to delay in proceedings, unnecessary harm was caused to the parties therefore, it applied doctrine of relation back – the maxim of Nunc Pro Tunc and made the judgment of the trial court applicable to previous date.
Conclusion
The maxim Nunc Pro Tunc thus basically implies that when an order is signed Nunc Pro Tunc as of a specified date, it means that a thing is now done which should have been done on the specified date. The maxim is though having a very limited application however it is an essential principle of legal jurisprudence as it serves the ultimate objective of administration of justice in entirety and even seeks correction and remedy of errors committed by courts for the protection of the rights of the suitors.
Frequently Asked Questions
Illustrate the maxim of Nunc Pro Tunc through an application.
An order of a court in a suit in made effective on the date of its delivery though it caused harm to the parties as the relief was sought from the date of institution of suit, therefore the court would make the Order Nunc Pro Tunc which means that the order would be effective from the date of institution of suit.
Explain the scope of the legal phrase Nunc Pro Tunc.
The phrase Nunc Pro Tunc is applied strictly and specifically with respect to technical errors of a court ruling and does not confer any power on the court to review its earlier rulings.
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