learned counsel submitted that the claim of the petitioner is of tortious liability, which requires a factual evidence, and therefore, the writ petition cannot ... fact in existence, on the face of unequivocal denial of tortious liability, seeking remedy under Article 226 may not be proper, it was held that
control which was evolved in the context of determination of tortious liability of the master for the act of the servant the Sattedars or workers ... master's control which was evolved in the context of tortious liability cases. Their Lordships, however, pointed out that whenever there was an extension
PATHOLOGY OF LAW OF TORT:
7. In so far as the tortious liability is concerned, obviously, the person who bases his claim on tort ... onus of proof in a case of claim based on tortious liability when several opponents or defendants are involved, it is necessary to show
sustained by the plaintiff in such accident. They also denied their tortious liability.
4. On the pleadings of the parties, following issues were framed ... trees in proper condition. The statutory duty gives rise to tortious liability on the State and as its agent the Corporation being a statutory authority
this Court held that in cases where there is denial of tortious liability writ petitions cannot be maintained. However, when negligence per se is visible ... questions of fact arises and if there is clear denial of tortious liability remedy under Article 226 of the Constitution may not be proper. However
this Court held that in cases where there is denial of
tortious liability the writ petitions cannot be maintained. However, when
negligence ... questions of fact arises and if there is
clear denial of tortious liability remedy under Article 226 of the Constitution
may not be proper. However
exacting a penalty in order to protect society as a whole. Tortious liability, on the other hand, exists primarily to compensate the person injured ... damages for the damage he has done. The horizon of the tortious liability has been expanding with every passing day. Granting of compensation
petitioner has initiated this matter to seek relief for the
purported tortious liability of the respondent due to the alleged willful delay
and negligence ... Constitution in her favour. Therefore, allegedly the respondent
Authority has committed tortious liability as per law, for which it would
be liable under the settled
which must be based on pre-existing right and liability, like tortious liability of the concerned tort-feasor who might have caused the accident ... becomes obvious that when the Claims Tribunal has to decide tortious liability of the tort-feasor, viz., driver of the motor vehicle who might have
proviso to Section 95(1) of the Act and hence the tortious liability of the owner towards him must be covered by the insurance policy ... goods vehicle along with his goods for hire or reward, the tortious liability of the owner is required to be compulsorily covered by the insurance
