dependency due to the death of a person caused by an actionable wrong, by way of an action in a civil Court.
19. Section ... loss occasioned by the death of a person caused by actionable wrong.
25. It is therefore profitable to extract the provisions
duty on the part of respondent No. 3. Any inaction or wrong action on the part of respondent No. 3 cannot substantiate the case
obtained. It would certainly give a wrong doer an advantage of his own wrong. Extrinsic fraud, if proved, justifies equitable relief against a judgment ... words, "forcible possession" shows that unlawful or wrongful action is meant. Force means such display of physical power as is reasonably calculated
material facts necessary for his assessment, the ITO cannot take any action under this section except in the case covered by Clause (b). and Clause ... justified to initiate the reopening proceedings, and, as such, wrong action of the learned ITO should have been at least negatived by the learned Commissioner
correct cause of action is not mentioned or because a wrong cause of action is mentioned in the plaint. If it came to that ... suiting the plaintiff merely because he has mentioned a wrong cause of action, if the Court finds that in fact there did exist another right
Om Prakash Berlia And Another vs Unit Trust Of India And Others (No. 2) on
However, it seems to be equally plain that where the cause of action itself stems wholly or in part from the allegations of unexplained delay ... attempt to take advantage of its own wrong. Indeed in this context the very cause of action (namely, the colourable exercise of power) may well
emoluments. Now if the cause of action itself accrues by the setting aside of the wrongful order of termination, it is apt that along with ... essence the cause of action for the claim to salary and emoluments in conterminous with the decree setting aside the wrongful termination. Therefore no issue
involving an enquiry into the alleged wrongful
conduct of directors personally, the liability of a director
for such wrong doing was personal in character ... tortfeasor's estate had benefitted from a wrong done.
Its application was generally confined to actions for
damages for defamation, seduction, inducing a spouse
been resolved by the Tribunal, we do not find anything wrong in this action of the Tribunal. Once the Tribunal held that there