What is the scope of the maxim "Ubi jus, ibi remidium"?
Aarushi 20 January 2022
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.
Niharika Lohan 01 June 2023
Hi Diya, i’m Adv. Niharika and here is my part of information on your question.
This is a legal maxim based on the Laws of Equity, which literally translates as, “where there is a right, there is a remedy”, this means that whenever a wrong is committed or a right is violated, then the law provides for a remedy to the violation or offence. No act that is in derogation of the law, can go unheard or left unattended in the eyes of law. The statute covers all wrongs that could be committed and prescribes for punishments of the same by means of fine or imprisonment.
For instance, under article 21 of the constitution of India you have a right to a clean and healthy environment. Now if your neighbour starts throwing garbage at your door step very morning, then your right to a clean environment is hindered. You can have the Courts remedy this wrong, by filing a suit for injunction before a Civil Court of competent jurisdiction. I hope your understanding of the maxim has been broadened.
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