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Diya Arvind   20 January 2022

Legal maxim

What is the scope of the maxim "Ubi jus, ibi remidium"?

 1 Replies

Aarushi   20 January 2022

Dear user,

The term "Ubi jus, ibi remedium" means where there is wrong, there is a remedy". It means that whenever a wrong is don, law will provide justice against that wrong. Law presumes that there exists no right without any remedy. Law of equity says that if duty is not discharged or wrong is done, then the law has to provide remedy for the right which has been breached. This maxim can be used only when right exists and that right should be recognised by the court of law and when sufficient relief has not been granted by the court. This maxim cannot be applicable when no wrong is done or when remedy has been provided by the law.

Sardar Amarjit Singh Kalra v. Promod Gupta & Ors.

The Court recognised the principle of "Ubi jus, ibi remidium" as the theory or philosophy of law.

Ashby v. White

When a police officer had detained the plaintiff from voting in the parliamentary election, the plaintiff had claimed that his right to vote has been infringed and thus he asked for compensation. The police officer claimed that the party for which the plaintiff wanted to vote had won the elections and therefore, no injury was suffered by the plaintiff. However, the court held the principle of "Ubi jus, ibi remedium" and said that the plaintiff's right has been violated and thus, wrong was done, and subsequently compensation was given to the plaintiff.

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