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Diya Arvind   07 April 2022

Legal maxim

What is the scope of the maxim of "Boni Judicis Lites Ditimere"?


 1 Replies

Aarushi   07 April 2022

The maxim of Boni Judicis Lites Dirimere Est literally means that “a good judge prevents litigation”. This maxim is a Latin one which basically asks the judges to settle the cases in a manner so as to avoid needless litigation, or in cases where a litigation is taking place, it is the duty of the judge to avoid more suits to come out from a previous one. This is done to as to reduce the number of trials going on before the Court. As it is, the judiciary is overburdened by the overwhelming number of cases, with the help of this maxim, an attempt is made so as to utilise the important time of the Court along with decreasing the work load. This maxim becomes of greater importance in cases where the matter has been dealt by the Highest Court. In such cases, appealing before another Court makes no sense and thus limiting the possibility of a new case arising from a previous one. It is also advised for the lower Courts to act according to the Law of precedents so the parties would not appeal the case further thus resulting in the decline in the number of cases.

Krishnamoorthy v. Lakshmi

In this case, the judge remarked that the points raised by the plaintiff were neither comprehensive, nor held any value. Thus, applying the maxim of Boni Judicis Lites Dirimere Est, it was held that it would be entirely useless to create another case from this one.

Land Acquisition Officer v. Karigowla

In this case, the Court emphasised the importance of decreasing the number of cases going under trial. The judge said that the maxim of Boni Judicis Lites Dirimere Est specially finds its importance in places where the matter has already been decided before the highest court, and hence, if all the subordinate Court follow the rule of precedents, a large number of cases can be reduced.

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