Semper Pr'sumitur Pro Negante
Legal definition for Indian law research
Definition
Semper pr'sumitur pro negante, (The presumption is always in favour of the negative.) On an equal division of votes in the House of Lords the question passes in the negative [see Reg. v. Millis, (1844) 10 Cl & F 634; Paquin v. Beauclerk (formerly Holden), 1906 AC 148]; and if any cort be equally divided [as was the Court of Queen's Bench in Reg. v. Archbishop of Canterbury, (1848) 11 QB 483, on the question whether the opposition to the confirma-tion whether the opposition to the confirmation of a bishop is merely formal or not] things remain as they were before the Court was applied to; e.g., a rule for a mandamus is discharged.
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