Kuldeep Singh on the G.T.Road, attributing negligence and tortious
liability of the State on account of breach of duty. The claim ... liability. The strict liability and fault
liability are to be distinctly appreciated in the context of availability of
remedies to the aggrieved party. Strict liability
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
impliedly imposed on every one by law. It is foundation of tortious
liability. It is also a basis of law of negligence.
20. To make ... Some of the accepted defences in an action based on enforcing
tortious liability are ?volunti non fit injuria
deceased
would be the compensation. Several principles of tortious liability
are excluded when the claim is under Section 163A of MV Act. There
are however
observed:-
“109. Need for a comprehensive legislation dealing with tortious liability
of the State and its instrumentalities has been highlighted by this Court ... reiterate the need for a comprehensive legislation dealing with tortious
liability of the State and its instrumentalities in such cases for
certainty on the subject
Tort, 15th Edn. Page 535).
7
16. The rule of strict liability has been approved and followed in many
subsequent decisions in England and decisions ... understood as laying a law that in every case
of tortious liability recourse must be had to a suit. When there is negligence
thus proving the negligence and breach of duty, arising out of Tortious liability.
8.Further, on behalf of the Petitioner, it is brought ... liability of the State for the torts committed by its employees, it is now the settled law that the State is liable for tortious acts
cases relating to tortious liability including
- claims for compensation in motor accidents/other
accidents; and
(v) All consumer disputes including
- disputes where a trader/supplier
societies/associations/Apartment owners Associations;
(iv) All cases relating to tortious liability including - claims for compensation in motor accidents/other accidents; and
(v) All consumer
said Exceptions. This can also be a protection
from any tortious liability of libel. Thus the burden of proof to
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