held "for this act of
negligence he may be liable in tort, his carelessness or want of due
attention and skill cannot be described ... people in general
gathering consciousness about their rights, actions for damages in tort
are on the increase. Not only civil suits are filed, the availability
sight; (l) “suit” does not include an appeal or an application; (m) “tort” means a civil wrong which is not exclusively the breach
available as a defence in
private law in an action based on tort. This is a
distinction between the two remedies to be borne ... addition to, the remedy in private law for damages for the
tort resulting from the contravention of the fundamental
right. The defence of sovereign immunity
negligence, was the basis of all
liability (see Salmond on 'Tort', 6th Edn p.12) and this principle was in
consonance with ... which was an
exception to the general principle in the law of torts that there is no liability
without fault, (vide American Jurisprudence
compensation in motor vehicle
accidents Proof of negligence of driver--If necessary.
Torts--Claim for compensation in motor vehicle acci-
dents--Proof of negligence ... general law
applicable is only common law and the law of torts. If
under the law a person becomes legally liable then the
person suffering
limited jurisdiction, the Court cannot award
exemplary damages for the "tort of misfeasance in office",
as in the proceedings under this Article, which ... officers, specially the Right to Life,
but not for "Tort" for which action should have been
initiated under the Private Law by filing
claimant to recover entire
compensation from one of the joint tort feasors, particularly when in
accident caused by composite negligence of drivers of trailor-truck ... have been
caused to the claimants by combined wrongful act of joint tort feasors. In
a case of accident caused by negligence of joint tort
Section 22 in The Limitation Act, 1963
22. Continuing breaches and torts.—
In the case of a continuing breach of contract or in the case ... continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort
multinational company--Govt. holding share in company--Govt.
alleged to be joint tort feasor--Whether competent to repre-
sent victims--Whether principles of natural justice ... suit against a multina-
tional company--Govt. having shares in company--Alleged
tort-feasor--Whether competent to represent victims--Doc-
trine that no man shall
Whether renders the proceedings void--Doctrine of
restitution --Applicability of
Law of Torts:
Mass tort action--Court assisted settlement--Non-affording
of pre-settlement ... referred to.
"Law of Toxic Torts" by Michael Dore; "Health Problems
of Bhopal Gas Victims", ICMR Report - April, 1986, referred
