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nunc pro tunc

Latin · NUNK proh TUNK · Latin maxims and phrases

Meaning. Now for then: an order that takes effect from an earlier date.

Nunc pro tunc describes an act done now that is given retrospective effect, as if it had been done at an earlier date. A court may make an order nunc pro tunc to correct an omission or to record what it actually decided earlier, so that a party is not prejudiced by the court's own delay.

It is based on the principle that the act of the court shall prejudice no one (actus curiae neminem gravabit). It cannot be used to supply something that was never in fact done or decided, nor to defeat the rights that third parties acquired in good faith in the meantime.

Example

Since the appellant died after the hearing but before judgment, the court pronounced judgment nunc pro tunc as of the date of hearing.

In Indian law

  • Order XXII, Rule 6, Code of Civil Procedure, 1908 (no abatement by death after hearing)

See also

actus curiae neminem gravabit · retrospective operation · abatement

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