Ubi Jus Ibi Remedium

Such person is free to lodge an appeal against an order affecting him adversely and it is his right that his appeal will be adjudicated upon without inordinate delay by an independent Tribunal

Aggrieved person can, under no circumstances be stopped from exercising his basic right.

Question before High Court was whether an application filed under S.22-A(6), Cr.P.C. could not be transferred under S. 526, Cr.P.C., then whether an aggrieved person was left remediless or any remedy was available

Held; answer was in negative

Where one's right was invaded or infringed, the law provided a remedy to protect it

Under Arts. 4 & 10-A of the Constitution every person had a right to be dealt in accordance with law and had a fair trial

Person who was aggrieved by some unwarranted act, always had a remedy available under Art.199 of the Constitution

Maxim ubi jus ibi remedium had always been considered as one of the fundamental principles of law and natural justice

When there was no other remedy available to an aggrieved person, he could approach High Court under Art.199 of the Constitution.

Principles.

Applicability.

Applicability.

Applicability.

Every person affected by an order should have at least one right of appeal.

In a true manifestation of Rule of Law, however, insignificant or infinitesimal a right may be, and whether it be, on prevailing standards, of any consequence or not, if it was threatened or transgressed and sought to be remedied, it must be so remedied.

Maxim, held, would be applicable in respect of statutory right.

Ubi jus ibi remedium (where there is right there is remedy).