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A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Where a personal remedy is awarded, the defendant is ordered to pay the money value of the benefit received. This personal money award is the typical form of restitution ordered. Where a proprietary remedy is awarded, the court recognises (or declares) that the defendant has a beneficial or security interest in specific property of the ...
The remedy is defined as the remedy at law where the judicial remedy or legal remedy takes place in the court. It is the manner on which side is correct that is admitted wrongly by society . Therefore, it is crucial to protect the individual's right and categorised cases to ensure an adequate remedy. [ 7 ]
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
The first chapter provides relief to those who have been dispossessed of their property. [1] —Nair Services Society Vs.K C Alexander [All India Reporter] AIR Year of Judgment-1968 SC [Supreme Court of India] Page No.1165—No suit for dispossession against the government is maintainable under Specific Relief Act.
As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and for which remedy is available. If a remedy does not exist, a tort has not been committed since the rationale of tort law is to provide a remedy to the person who has been wronged.
The right to an effective remedy has been invoked in cases of asylum seekers in which the right has been held to prevent a state from deporting an asylum seeker before adjudicating the seeker's application for asylum, and that upon rejection of an asylum claim, the claimant must have a practical ability to appeal by being granted sufficient time and access to legal representation.
The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions [A] or governments as acting too slowly in resolving legal issues — either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in ...