However, the Law of Torts requires that though a trespasser may be evicted forcibly, the force used must be no greater than what is reasonable and appropriate to the occasion. One may here refer to the judgment of the...
Day: February 21, 2019
Section 110-A of the Motor Vehicles Act does not lay down substantive law in the matter of damages or compensation. It provides only a procedure and a forum for adjudication in regard to disputes relating to compensation. In order...
The action for damages for malicious prosecution is part of the Common Law of England. In India as in other parts of the Commonwealth like Australia the law on the subject is exactly the same as the law in...
The law of Torts is that it must be a case in which a private person may recover damages for loss sustained by him in consequence thereof. Whether damage is small or large that is not important, for the...
Res ipsa loquitur is a rule of evidence which in reality belongs to the law of torts. Inference as to negligence may be drawn from proved circumstances by applying the rule if the cause of the accident is unknown...
In the law of negligence, professionals such as lawyers, doctors, architects and others are included in the category of persons professing some special skill or skilled persons generally. Any task which is required to be performed with a special...
The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments have assigned various meanings to negligence. The concept as has been acceptable to Indian jurisprudential thought is well-stated in the Law of Torts, Ratanlal &...
In T.O. Anthony Vs. Karvarnan and Others, , which is relied on by the Appellants it was held as under: – Composite negligence refers to the negligence on the part of two or more persons. Where a person is...
In an ordinary civil suit the burden to prove a fact lies on a party, who would fail, if no evidence at all is given by the either side. In a Claim Petition filed u/s 166 of the Act...
The principle of law as far as the grant of compensation is well settled. Compensation for damages suffered, especially pecuniary damages suffered by a claimant is normally “actual damages”. What is the actual damage suffered by the present claimant...
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