Sage-Tips

What is IBI jus ubi 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.

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

Article 8
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. The universal declaration of Human Rights proclaims in Article 8.

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

Section 9 of the Civil Procedure Code, 1908 is in enforcement of the fundamental principles of law laid down in this maxim. A litigant, thus having a grievance of civil nature has a right to institute a suit in a competent civil court unless its cognizance is either expressly or impliedly barred by any statute.

What is Damnum sine injuria?

Damnum sine Injuria is a legal maxim which refers to as damages without injury or damages in which there is no infringement of any legal right which are vested with the plaintiff. Since no legal right has been infringed so no action lies in the cases of damnum sine injuria.

What do you mean by Ubi Jus Ibi Remedium elaborate this maxim with the help of relevant provisions and leading case laws?

The maxim states that if any wrong has been committed, the law provides a remedy. In simple terms, the law specifies a remedy for every wrong. It shall also be described as the principle that no wrong should be allowed to go without any compensation if it can be redressed by a court of law.

Where there is right there is remedy case law?

There is always a remedy in life in case of any breach in our rights living under article 21of the constitution of India. In English law the word remedy means a right of action. Ubi jus ibi remedium is a Latin maxim which meanAs that wherever there is a right, there is remedy .

Which directive principle was added by the 42nd Amendment?

Both Article 48A, stating the principle to protect and improve the environment and to safeguard forests and wildlife and Article 43A, stating the right of participation of workers in the management of industries, were added to the Directive Principles during the 42nd Constitutional Amendment of 1976.

When court passes an order directing a person to do some act it is called?

An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or …

What is Damnum Absque injuria with case law?

Definition. Damnum Absque Injuria is a Latin maxim, which basically means loss or damage without any injury. It is a principle in Law of Torts, which mainly refers to a situation when a person suffers damage or loss, but does not suffer any kind of injury.

What is the fact of Gloucester grammar school case?

In the case of Gloucester Grammar School, the judgment of not holding the defendant liable for setting up a rival school in the same area as that of the plaintiff’s school was in accordance with the ruling of Law of Tort, ‘Tort’ means ‘Civil Wrong’.

When there is a wrong there is a remedy?

Where there is a wrong, there is a remedy. The maxim states that if any wrong has been committed, the law provides a remedy. In simple terms, the law specifies a remedy for every wrong.

What is the ratio in the case Ashby vs white?

Ashby v White (1703) 92 ER 126, is a foundational case in UK constitutional law and English tort law….

Ashby v White
Decided	1 January 1703
Citation(s)	(1703) 92 ER 126, (1703) 2 Ld Raym 938, (1703) 1 Sm LC (13th Edn) 253
Case opinions
Holt CJ, Powell J, Powys J, Gould J