Indian Courts in absence of any specific law are enjoined to decide cases “according to justice, equity and good conscience.”
When trees on land adjoining a public place fall upon it, the owner is liable if he knew the falling tree was dangerous.
Under the law of torts, the Civil Court can award damages if civil wrong of malicious prosecution is proved.
The legal basis for payment of compensation in India continues to be the common law or the law of Torts
Law of Torts refers to negligence as breach of a duty caused by omission to do something which a reasonable man can not do.