Literal Meaning
In words not only words but the thing and the meaning should be inquired. This maxim says that “A good judge does not delay justice and implements justice with zeal and alacrity”. Latin for It is the duty of a good judge to cause execution to issue on a judgment without delay.
Origin
Here the basic two components can be seen: 1- a good judge, 2- without delay.
A “good judge” means to say that: a public official vested with the authority to hear, determine, and preside over legal matters brought in court; also: one (as a justice of the peace) who performs one or more functions of such an official “Without delay” means to say that: Right away, immediately, or as soon as possible.
So by these two interpretations we can say that a good judge should never delay the justice.
It is the duty of a judge to execute the judgment without delay. As there is a saying “justice delayed is justice denied”[1]
Explanation
A good and learned judge should execute the judgment on time without any delay. If the judge is having the reason to hold back the decision than that reason should be valid. A good judge should try to dissolve the case as soon as possible with reasonable judgment. This is the duty of the judge to resolve every case without delay. The judge should implement the case with justice and alacrity.
If the judgment is delayed than the justice is denied. A good judge has the obligation on him to resolve every dispute without delay in the decision. A judge should resolve every matter reasonably. The justice should not be delayed.
Illustration
In a particular case A vs. B all the evidence and issues were raised by both the parties. After the analysis and interpreting the evidence “A” was found guilty. So here, the judge is under obligation or we can say that it is the duty of the judge that he should give justice to ”B” without any delay. As all the evidence was against “A” and “B” was found innocent, therefore the judge should give justice to “B” as soon as possible without any delay.
Cases Refered
Rangasamy Gounder & ors. Vs. Valliammal & ors.[2]
The appellate Court simply confirmed the Judgement of the trial Court, without trying to resolve the dispute. I recollect the following maxims:
(i) ‘Boni judicis est ampliare jurisdictionem’ A It is the role of a good judge to enlarge his jurisdiction.
(ii) Boni judicis est ampliare justitiam. It is the role of a good judge to enlarge or extent justice.
(iii) Boni judicis est judicium sine dilatione mandare executioni  It is the role of a good judge to render judgment for execution without delay.
(iv) Judicis est jus dicere, non-dare  It is the proper role of a judge to state the right, not to endow it.
Kushal Mani vs. Collector, Uttarkashi & ors.[3]
After considering the facts and the circumstances of the case it was found that the legal maxim was applied in this case which connotes that it is a duty of good judge to execute the without delay.
Ashtosh Shrotriya vs. V Rais Uddin[4]
Apart from the provisions of rule 89-A of the general rule and the provisions of rule6 (1) of order ix of the code, there are certain own written principles pointing out the duties of a judge in such matter.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
Reference
[2] S.A.No.1837 of 2000.
[3] Uttrakhand highcourt 23 june, 2004
[4] Allahabad high court 1993
