award of damages/compensation has its roots in the Law of
Torts. This Court has, therefore, consistently taken the view
that remedy of writ ... such
negligence could invite the principle of concept of “Constitu-
tional tort”. That apart, the State Government has specifi-
cally accepted before the National Human
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 ... private law remedy, wherein
vicarious liability of the State in tort may arise, is to be found in
Ratanlal & Dhirajlal’s Law of Torts
defamation of an individual by
another individual is a civil wrong or tort, pure and simple for which
the common law remedy is an action
Joseph Shine vs Union Of India on 27 September, 2018
Equivalent citations: AIR 2018 SUPREME
certain aspects, more particularly, with regard to apportionment of liability on the tort-feasors.
7. To appreciate the rival contentions raised ... with profit a passage from the book by Clerk & Lindsell on Torts, in regard to liability of the children :--
"Liability to children
generally limited and
the person affected could enforce his right in tort by filing a civil suit and there again the defence of sovereign immunity ... upheld in a case of vicarious liability of the State for the tort committed by its employees was explained thus :
"In this context
known means to keep the electricity harmless; (see Clerk & Lindsell on Torts, 13th edition, paragraph 1536). The burden of proving that there ... well established in law that in an action for damages in tort, the general rule is that onus to prove negligence on the part
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 ... private law
remedy, wherein vicarious liability of the State in tort
may arise, is to be found in Ratanlal & Dhirajlal’s Law of
Torts
known means to keep the electricity harmless; (see Clerk and Lindsell on Torts, 13th edition, paragraph 1536). The burden of proving that there ... well established in law that in an action for damages in tort, the general rule is that onus to prove negligence on the part
observed that the informed consent doctrine has become
firmly entrenched in American Tort Law and, as a logical
corollary, lays foundation for the doctrine that
