What do you mean by Ubi Jus Ibi Remedium?

The well-known Latin maxim Ubi jus, ibi remedium – meaning ‘where there is a right, there is a remedy’, postulates that where law has estab- lished a right there should be a corresponding remedy for its breach. The right to a remedy is one of the fundamental rights historically recognized in all legal systems.

In which case the principle of ubi jus ibi Remedium was Recognised?

Sardar Amarjit Singh Kalra v. Promod Gupta & Ors., in this case the court recognized the maxim ubi jus ibi remedium as fundamental principle of law. It was held by the Supreme Court that it is the duty of courts to protect the rights of people and to grant reliefs to the aggrieved party rather than denying it. In D.K.

Which article of the Constitution of India supports the maxim ubi jus ibi Remedium?

It is a cardinal principle of law that the person who has sustained death while in police custody due to police excess and torturing and whose right to personal liberty has been violated, under Article 21 of the Constitution of India, though there is no provision to award compensation in term of money, even though the …

Which section of CPC is based on maxim ubi jus ibi?

[Sardar Amarjit Singh Kalra v. Pramod Gupta, (2003) 3 SCC 272]. The jurisdiction of the courts to try all suits of civil nature is very expansive as is evident from the plain language of section 9 of the Code of Civil Procedure, 1908. This is because of the principle ubi jus ibi remedium.

What are the limitations of the maxim ubi jus ibi Remedium?

Limitations Of Ubi Jus Ibi Remedium: This maxim cannot be applied to moral and political wrong which are not actionable. If plaintiff is negligent or there is negligence by the side of the plaintiff then this maxim will not be applicable.

Who said Ubi Jus Ibi Remedium?

In Sardar Amarjit Singh Kalra vs. Promod Gupta & Ors., the Supreme Court held that the maxim ‘Ubi jus ibi remedium’ is recognized as a basic principle of the theory or philosophy of law and that courts have to protect and maintain the right of parties and help them instead of denying them relief.

What is injuria sine Damnum?

Literal Meaning. Injury without damage or infringement of an absolute private right without any actual loss or damage.

What is tortious liability tort?

Tortious Liability = Duty of Care + Breach of Duty + Damage (Causation & Remoteness) Duty of Care is owed to claimant by the defendant. Standard of care is required in a given case and if is not met by the defendant, thus it stands broken. The breach must result in a loss that is suffered by the plaintiff.

Where there is no remedy there is no right?

In English and American jurisprudence, there is a legal maxim (albeit one sometimes honored in the breach) that for every right, there is a remedy; where there is no remedy, there is no right. That is, lawmakers claim to provide appropriate remedies to protect rights.

What is Damnum sine injuria example?

The defendant, a returning officer wrongfully refused to take the plaintiff’s vote. The plaintiff suffered no damage since the candidate which he wished to vote already won the elections but still, the defendants were held liable.

What is the meaning of ubi jus ibi remedium?

The Legal Maxim Ubi Jus Ibi Remedium means that “Where there’s a right, there’s a remedy”. The maxim can be expressed as that any individual won’t endure wrong without a remedy, it implies that once it is demonstrated that the right was violated the law will provide a reasonable remedy.

What’s the difference between a remedium and a jus?

The term jus in the maxim refers to the legal authority to do something or demand something, whereas the term remedium refers to the right of a person to approach the court for the wrong done to him. It is to be noted that the maxim applies only to the cases where a legal wrong has been done to a person and not for the moral or political wrongs.

How are maxims used in the law of torts?

Maxims are used in various branches of law to make a particular point to understand clearly and provide a proper solution to the case. Maxims are widely used in the Law of Torts. Torts, according to Winfield can be defined as,

When is there no legal remedy, there is no wrong?

When there is no legal remedy, there is no wrong. Unless and until a proper legal authority to check injustice is there in the society, wrongs cannot be defined and hence their definition remains vague. 2. Actio personalis moritur cum persona

What do you mean by Ubi Jus Ibi Remedium? The well-known Latin maxim Ubi jus, ibi remedium – meaning ‘where there is a right, there is a remedy’, postulates that where law has estab- lished a right there should be a corresponding remedy for its breach. The right to a remedy is one of the…