Executio est executio juris secundum judicium

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Executio est executio juris secundum judicium

Literal Meaning

Execution is the fulfillment of the law in accordance with the judgment.

Explanation

According to this legal maxim, execution of a judgment or decree is fulfilling the provisions of law in a manner that satisfies the court’s judgment. Without execution, the provisions of law would not be fulfilled. Thus, after backing up every judgment with execution becomes necessary to satisfy the provisions of the law. 

Illustration

For example, If a case is going on between ‘A’ and ‘B’ in ‘XYZ High Court’. In the judgment, ‘XYZ High Court’ found ‘B’ guilty under ‘Section ABC’ of the Indian Penal Code. ‘XYZ High Court’ provided that ‘B’ should be punished for 10 years. Execution of the said punishment would result into fulfillment of the law stated under ‘Section ABC’ of the Indian Penal Code in accordance with the judgment provided by ‘XYZ High Court’. 

Case Referred

K.Manikantan vs. Subbaiah Pillai

In the above mentioned case, the honorable High Court of Madras cited the maxim ‘Executio est executio juris secundum judicium’.[1]

Vellianai Viswakalai Industrial v. M/S.Sakthi Steels

In the above mentioned case also the maxim of ‘Execution est execution juris secundum judicium’ was cited by the honorable High Court of Madras. 

K.A Alwa v. Jagannath Prasad Varshney and Ors.

In this case Andhra Pradesh High Court found the relevance of the maxim ‘Execution est execution juris secundum judicium’.[2]

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1]  K.Manikantan vs Subbaiah Pillai, M.P(MD)No.1 of 2012.

[2] K.A Alwa v. Jagannath Prasad Varshney and Others, 1992 SCC OnLine All 392.