Ubi Jus Ibi Remedium: Where There Is a Wrong, There Must Be a Remedy

Where a proctor failed to see that the terms of a settlement were properly entered, it was held that this remedy was not open to the party aggrieved by the wrong entry. (Abeyesekera v. ... In my opinion the application must be refused with costs. Application refused. ... Restitutio in integrum-Omission to claim interest by an oversight- Slight loss-Remedy not available. ... The insertion of the wrong#HL_....

2024 Supreme(SRI)(CA) 575

A decision maker for his decision to be valid must be created by law. So when he goes wrong as in (i) (ii) or (iii) above the “inequitable situation” is created “by law of itself”. Hence it comes within the definition of restitutio in integrum. ... As said above what is corrected by the remedy of revision is a mere error. So to invoke revisionary jurisdiction, there must be an error. This “error” as it appears to this Co....

2024 Supreme(US)(scotus) 15052

It is only the majority that steadfastly refuses to recognize what remedy our cases call for when that kind of past wrong is established: damages. ... Having found a constitutional wrong, we then faced the question of how to remedy it. We acknowledged three op- tions: (1) refund fees for those charged more in U. S. ... And we must keep in mind that our ultimate aim is to rem- edy the constitutional #HL_ST....

It seemed to me wrong to make an ex parte order and send the case down for investigation by the lower Court without any notice to the other side. ... The remedy of restitutio in integrum, is one which has taken deep root in the practice and procedure of our Courts, and it is too late to hold that the remedy ought no longer to be recognized. ... The remedy was received into the Roman-Dutch law in a wider form. Restitut....

2024 Supreme(SRI)(CA) 228

There is no doubt that, if a consent of the parties to a judgment is obtained by fraud, there must be some remedy for the fraud. ... He said that if the order is palpably wrong, as the petitioner alleges, then, the remedy is not RII but an appeal. He called the present application an appeal clothed in the garb of RII. ... Sengupta, 2002, it is said, that, “The Madras High Court is of the view that the injuncted party #HL_....

2025 Supreme(US)(ca9) 151

The Bureau has consistently asserted its right to the same remedy. It did not waive the right to seek that remedy simply because it—like CashCall—attached the wrong label to that remedy during the initial proceedings below. ... As we have explained, equitable remedies must be capped at net profits—meaning that “courts must deduct [a defendant’s] legitimate expenses” from any award of ....

2025 Supreme(US)(ca9) 37

The Bureau has consistently asserted its right to the same remedy. It did not waive the right to seek that remedy simply because it—like CashCall—attached the wrong label to that remedy during the initial proceedings below. ... As we have explained, equitable remedies must be capped at net profits—meaning that “courts must deduct [a defendant’s] legitimate expenses” from any award of equ....

High Court Malaya Kuala Lumpur

Ship arrest is an extremely draconian remedy. It can be very disruptive and may inflict severe economic hardship on the shipowner's trade and operations. ... " [Emphasis Added] [17] It should be noted that the remedy of arrest is not something that can simply be invoked without consequence. ... Arrest is a very powerful invasive remedy. An arrest of a ship can lead to tremendous inconvenience, financial distress and severe commercial embarr....

2023 Supreme(US)(ca4) 2

at 65–66, Singletary suggests that a full resentencing is the proper way to remedy a violation of a defendant’s right to be present. ... II. What’s wrong with this? ... That makes Rule 4(b) “inflexible,” in that we must “strictly apply” the 14- day period if it is “timely raised.” Id. at 498–99. ... Instead, we cured a procedural err....

Session Court Shah Alam

, perversion; turning the wrong way, diversion to an improper use, corruption, distortion'. ... It is undoubtedly good law that where a statute creates a right and, in plain language, gives a specific remedy or appoints a specific tribunal for its enforcement, a party seeking to enforce the right must resort to that remedy or that tribunal, and not to others." ... Barking Corp [1948] 1 KB 721 where a statute creates a righ....

2017 0 Supreme(Cal) 792

It is elementary that for every wrong there has to be a remedy.

2014 0 Supreme(Manipur) 51

As the maxim goes, where there is a wrong, there is a remedy. Once a litigant is successful in establishing his case, he must be given the relief claimed unless it is impossible to do so. This Court is of the view that relief can still be given to the petitioner and the petitioner can still be considered for appointment against a supernumerary post, if he is found to be successful in the Main Examination on redetermination of the "qualifying mark" in General English.

Calcutta

In Debobrata Sen v. State of West Bengal and others (supra) it was held that such amount can be realised in an application filed under article 226 of the Constitution of India. It is the trite that there cannot be a wrong without a remedy. Similarly, it would be absurd to suggest that although the statute provides a mechanism to determine interim relief but would be powerless to enforce the said order.

2012 0 Supreme(Ori) 356

Needless to say that whenever there is a wrong, there is a remedy. In our view this is a classic case where Court should not close its eyes to the injustice alleged to have been perpetrated. For the reasons indicated above and in the interest of justice, we direct that the investigation be handed over to the CBI and the Crime Branch shall assist the CBI in the investigation.

2004 0 Supreme(Jhk) 591

The principles of "ubi jus ibi remediam" is well-established. There is no right without a remedy or there is no wrong without a remedy. The duty may arise under a contract or independently of it.