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de facto

Latin · day FAK-toh · Latin maxims and phrases

Meaning. In fact; existing in reality, whether or not it is lawful or legally recognised.

De facto describes a state of affairs as it actually is. It is usually contrasted with de jure, what is so by law or by right. A de facto government is one that actually controls territory; a de facto guardian is a person who, without legal appointment, looks after a minor and the minor's property.

The de facto doctrine protects the public: acts done by a person who holds an office under colour of a lawful title remain valid even if the appointment is later found defective. In Gokaraju Rangaraju the Supreme Court applied it to judgments delivered by a Sessions Judge whose appointment was later set aside.

Example

The judgments were not void, because the judge was a de facto judge acting under colour of a lawful appointment.

In Indian law

See also

de jure

Read more in the study notes

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