After a masterly discussion on the
common law principles including tortious liability on the subject,
and the reported decisions, and the change in the legislations
accused but certainly State cannot wriggle
out from its constitutional and tortious liability, in the present
set of facts. Fundamental right of a person cannot
Jaytee Exports vs Natvar Parikh Industries Limited & Ors on 19 April, 2018
Author: Soumen
would further submit that even the issue of tortious liability, if
any, cannot be adjudicated by the Permanent Lok Adalat and alternatively
submits that
cause of action in the civil suit for
damages is the tortious liability for compensation for
the damage to or loss in reputation suffered
which, 11 it resulted injurious consequences to person or
property, may involve liability the compensate for damage. in
Halsbury's Laws of England ... foreseeability necessarily implies. That I conceive to be the
principle of tortious liability for negligence. Kenny in his
"Outlines of Criminal
such, fastening of liability on the
Insurance Company was out of question and the
learned Members erred in saddling liability on the
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Insurance Company ... part of the Government leading to misshapen it
would be a tortious liability on the State Government.
Thus, invariably, learned Members ought to have
saddled
view of the basis of the suit being tortious liability based on the principles of trade
libel and slander, the same was governed by Section ... filed under the provisions of the 1999 Act but
entirely emanates from tortious violations.
On merits, learned senior counsel for the opposite party
court shall stand. It
is to be treated as compensation under tortuous liability.
63.In the result,
(i)These criminal revision cases are allowed ... fall within the meaning of criminal negligence ,
liable for prosecution. For tortious liability, the revision petitioners are
responsible and liable to compensate the victims. Therefore
accused but certainly State cannot wriggle
out from its constitutional and tortious liability, in the present
set of facts. Fundamental right of a person cannot
