held that maxim "actio personalis
moritur cum persona" would not apply to the cases where
injury caused to the deceased person has tangibly ... this Hon'ble Court on the
applicability of "actio personalis moritur cum persona" and
thereby section 306 of the Succession Act being
original claimant and in view of the common law maxim actio personalis moritur cum persona, the impugned order deserves to be set aside. Lastly ... vehicular accident?
5. The common law maxim is actio personalis moritur cum persona - a personal right of action dies with the person. At common
against the heirs and representatives of Swaminatha Iyer under the maxim actio personalis moritur cum persona. Mr. V.K. Thiruvenkatachari, learned counsel for the appellants ... application. Strong reliance is placed on the scope of the maxim actio personalis moritur cum persona stated by Bowen L.J. in Phillips v. Homfray
Section 306 of 1925 Act, it is
submitted that maxim ‘actio personalis monitor cum persona’ (a
personal action dies with the person) has been stated ... common law countries who have dispensed with the application of
maxim ‘actio personalis moritur cum persona’.
20. Lastly, placing emphasis on the legislative intent underlying
Judge of this Court came to the conclusion that the
maxim actio
personalis moritur cum persona
would not apply to the cases where the injury ... victim of the accident. His Lordship further held that the maxim
actio
personalis moritur cum persona
is considerably abrogated by the judicial pronouncements
Indian Succession Act and the doctrine of 'Actio Personalis Mortiur Cum Persona.'
5. The respondent No. 1 and despite service of notice ... soon as the injured sustaised injuries. Hence the maxim 'Actio Personalis Mortiur Cum Persona' cannot be pressed into service and the provisions
tort by one against the other was expressed in maxim "Actio personalis moritur cum persona" ("A personal action dies with the person ... word "assault" alone, has referred to the maxim "Actio personalis moritur cum persona" found embodied in Section 306 of the Succession
make compulsive orders
against heirs of deceased director in misfeasance
proceedings-Actio personalis moritum cum persona-Scope of-
Right of appeal by and against heir ... right whether procedural or
substantive. [377A-C]
(4) The maxim actio personalis moritur cum persona would
not be applicable to actions based on contract
Section 306 of the Succession Act and the doctrine of Actio Personalis Moritur Cum Persona.
4. The respondents Nos. 1 and 2 despite service ... accrued as soon as the injured sustained injuries. Hence the maxim Actio Personalis Moritur Cum Persona cannot be pressed into service and the provisions
behalf. In such cases, I am of the opinion that maxim actio personalis moritur cum persona cannot be invoked, if the accident instead of resulting ... Apex Court said that the right to sue where maxim actio personalis moritur cum persona applies, does not survive to the legal representatives; therefore, they
