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Aakritu   17 March 2022

Legal maxim

Where does the maxim of "Boni Judicis Est Judicium Sine Dilation Mandare Executioni" finds its use?


 1 Replies

Aarushi   17 March 2022

The Latin maxim of Boni judicis est judicium sine dilation mandare executioni forms an important part of Indian Judiciary. It literally means “it is the duty of a good judge to cause execution to issue on a judgement without delay.” This simply defines the duty of judges in the judiciary, and says that it is important that the judges do not delay judgements, rather speed them. This maxim also goes with the saying of “Justice Delayed is Justice Denied”. If there is any reason because of which a judgement is being held back, the reason for such delay should be valid and of utmost important.

Rangasamy Gounder & Ors. v. Valliammal & Ors.

In this when the matter was brought into the second appellate Court, it was noted that it was the duty of the first appellate Court to designate an Advocate Commissioner to look into this matter of property dispute. The Court while noting the above statement applied the maxim of Boni judicis est judicium sine dilation mandare executioni and held that it is the duty of the Court to resolve a matter as soon as possible, f the matter is resolvable. Here, the matter was found to be resolvable and thus, the case was referred back to the first appellate court with certain modifications.

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