Tort -- Negligence and Act of God - Quantum of damages - As many as 1500 boar trees were uprooted and washed away as a result of release of water from dam which flooded the fields of appellants - Appellants have not led any evidence to show actual cost of each tree - However, appellants would still be entitled to reasonable compensation once factum of suffering loss stands..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22 -- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Actionable under certain circumstances under law of tort - Stringent proof is required for criminal prosecution for medical negligence and such negligence cannot be presumed/inferred on certain irrational or bald allegations of complainant...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Composite negligence - Accident occurred due to collusion of car and tempo resulting in death of a person travelling in a tempo - Version of eye witnesses assumes significance and leaves no room for doubt that it was a case of composite negligence of driver of both the vehicles - As car was in excessive speed,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Composite negligence/joint tort feasors - Liability - Law as to : (i) In the case of composite negligence, plaintiff/claimant is entitled to sue both or any one of the joint tort feasors and to recover the entire compensation as liability of joint tort feasors is joint and several; (ii) In the case of..........
Limitation Act, 1963, Section 22 -- Continuing wrong - In case of continuous tort, fresh period of limitation begins to run at very moment of time when such tortuous act is committed by other side - Complainant gets a fresh cause of action to come to Court by appropriate proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Suit for damages - Defamation - Matrimonial dispute - When an imputation has been made in a complaint made to the Law Enforcing Agency with the belief that such Agency would take criminal action against the persons against whom such imputation are made, the same will provide a valid exception taking..........
Torts -- Damages - A claim for damages resides in the realm of tort - If a criminal proceeding is undertaken and a person is harassed to the extent that he believes that he has been maliciously prosecuted, law allows for compensation to be paid for malicious prosecution...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Appellant having been fully aware of the fact that respondent was a married person have entered into a live-in relationship - Held, all live-i, relationships are not relationships in the nature of marriage - Appellant's and the respondent's relationship is, therefore, not a..........
Medical negligence -- If patient suffered because of negligent act/omission of the doctor, the same gives right to the patient to sue the doctor for damages - This is a civil liability of the doctor under law of tort or contract - The negligent act of doctor may also give rise to criminal liability as well...........
