Ubi jus ibi remedium

Meaning:

This legal maxim means where there is right, there is remedy.

Details:

The legal maxim Ubi jus ibi remedium means that no right exists without a remedy. It is a law of Tort. In a leading case of Ashby v. White, the Court propounded that no right can exist in absence of remedy. Under the Common Law, where it is right, it provides protection. In the above-mentioned case, it was held that any nature of interference with the private property is an encroachment rather than trespassing. A person who sustained damages is entitled to claim damages and he must be compensated by the Court.

The Apex Court in D.K.Basu v. State of West Bengal, while passing an order of compensation for custodial death, has said that there is no wrong without a remedy. It is a cardinal principle of law that the person who has sustained death while in police custody due to police excess and torturing and whose right to personal liberty has been violated, under Article 21 of the Constitution of India, though there is no provision to award compensation in term of money, even though the victim’s family is entitled to be compensated as his fundamental right is grossly infringed.