AB INITIO: BONI JUDICESEST EST AMPLIARE JURISDICTIONEM

Literal Translation

“It is the duty of a good judge to enlarge his jurisdiction.”

Definition

A good judge is one who enlarges his remedial authority. It is the duty of a judge to extend his jurisdiction.

Illustration

This maxim suggests that a judge has the power to amplify and further develop his jurisdiction and it is his duty as a judicial authority to provide remedial justice to the parties, by means of expanding scope if required.

Case Law

As interpreted by Lord Abinger in Russel V. Smyth, 9 M. & W.,818 “the maxim of the English law is to, amplify its remedies, and without usurping jurisdiction, apply its rules to the advancement of substantial justice.

BRIJ MOHAN LAL V. UOI (2012) 6 SCC 502

“The court is duty bound to amplify and extendthe arm of justice in accordance with the principle of Boni judicis estampliare jurisdictionem.”

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