Legal Maxim – Dura Lex Sed Lex – Law of Limitation

It is a settle legal proposition that law of limitation  may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes.  The Court has no power to extend the period of limitation on equitable grounds. 

“A result flowing from a statutory provision is never an evil. A Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation.” 

The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same.  The legal maxim “dura lex sed lex” which means “the law is hard but it is the law”, stands attracted in such a situation.  It has consistently been held that, “inconvenience is not” a decisive factor to be considered while interpreting a statute.

Supreme Court
Basawaraj & Anr. Vs. The Spl. Land Acquisition Officer, 2013 AIR SCW 6510
error: