Boni judicis lites dirimere est

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MEANING: It is the duty of a good judge to prevent litigation.

EXPLANATION: The Latin maxim here refers to the duty of a good judge to get the case settled that should be settled easily and to avoid needless litigation. The attempt of the court must always be to minimize litigation rather than maximizing it. Also, it casts a duty upon a good judge to prevent litigation, thereby bringing an end to litigation and by ensuring that no further litigation grows from its decision for the welfare of the state.

CASE LAWS:

Land acquisition officer v. Karigowda, (2010) 5 SCC 708

Here, in this case, the Court held that an established maxim “Bonijudicisestlitesdirimere, ne lis ex lite oritur, et interest reipublicaeutsint fines litium”, casts an obligation upon the Court to bring litigation to a conclusion or at the minimum endure that unless impossible, no additional litigation develops from the earlier cases pending before the Court in accordance with the law. This doctrine would be applicable with more emphasis where the judgement of the Court has attained finality before the highest Court. All different Courts ought to decide similar cases, particularly covered cases, expeditiously and in consonance with the regulation of precedents.

Krishnamoorthyv.Lakshmi, 2013 SCC Online Mad 839

In this case, Justice G. Rajasuria, in his judgement, states that plaintiff prayer isn’t always a wholesome and comprehensive one. Law proposes that a suit should not lead to multiplicity of proceedings. I recollect the following maxim-Bonijudicisestlitesdirimere, ne lis ex lite oriatur’- It is the duty of a good judge to dispose of litigations so that one suit should not grow from another.

Authored By- Kashish Ali

Jamia Milia Islamia.

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