omnia praesumuntur rite esse acta
Meaning. All acts are presumed to have been done rightly and regularly.
The maxim states a presumption that official and judicial acts have been done regularly and in the proper form, unless the contrary is shown. If an official act is proved to have been done, the court presumes that the formalities required for it were complied with.
In India the court may presume that judicial and official acts have been regularly performed. It is a rebuttable presumption of fact (“may presume”), not a conclusive one, and it does not apply where the act itself is in question or where the law requires strict proof of compliance, as in many criminal procedures.
Example
Applying omnia praesumuntur rite esse acta, the court presumed the gazette notification was duly published, as no evidence suggested otherwise.
In Indian law
- Section 119(1), illustration (e), BSA, 2023 (old s.114 illustration (e) Evidence Act)