Literal Meaning
A good judge decides according to justice and right and prefers equity to strict law.
Explanation
A good judge decides according to that which is just and good, and prefers equity to strict law. Hence, the good judge strict to the principles of equity he does not affect the concept of equity and he also not affects the existed laws. A goods judge decides on the basis of laws and the main concern of him is the welfare of the parties to the case.
Origin
Latin.
Case References
Birendra Singh v. State of Uttarakhand, 2015 SCC OnLine Utt 1809
The true maxim of our law is “to amplify its remedies, and, without usurping jurisdiction, to apply its rules, to the advancement of substantial justice” the principle upon which our Courts act is, to enforce the performance of contracts not injurious to society, and to administer justice to a party who can make his claim to redress appear, by enlarging the legal remedy, if necessary, in order to do justice; for the common law is the birthright of the subject and Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert, “I commend the judge,” observed Lord Hobart, “that seems fine and ingenious, so it tend to right and equity, and I condemn them that either out of pleasure to show a subtle wit will destroy, or out of incuriousness or negligence will not labour to support, the act of the party by the art or act of the law.”
Nityananda Mudaliar v. Ar. M. M. Aruhaohalam Chettiar, 1957 SCC OnLine Mad 184
In this case court states the meaning of the maxim Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert- a good Judge decides according to Justice at d right and prefers equity to strict law. “I commend the Judge” observed Lord Hobart. And further states that “it seems fine and ingenious, so it tend to right and equity; and I condemn them that either out of pleasure to show a subtle wit will destroy, or out of incuriousness or negligence will not labour to support, the act of the party by the art or act of the law”.
Commercial Tax v. Vijay Pal Singh,2014 SCC OnLine Utt 1880
In the judgement of this case the court held that the true maxim of our law is “to amplify its remedies, and, without usurping jurisdiction, to apply its rules, to the advancement of substantial justice” the principle upon which our Courts act is, to enforce the performance of contracts not injurious to society, and to administer justice to a party who can make his claim to redress appear, by enlarging the legal remedy, if necessary, in order to do justice; for the common law is the birthright of the subject and Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert.
Edited by Sree Ramya
Approved & Published – Sakshi Raje
