views are
essentially as follows:
"There is a connection between tort and crime - the purpose
of the criminal law is to protect the public ... interest and
punish wrongdoers, the purpose of tort-law is to vindicate
the rights of the individual and compensate the victim for
loss, injury
Learned Tribunal was not entitled to apportion the award
between the joint tort-feasors and direct that payment be made to the
Appellant ... joint tort-feasors in the proportion directed by it.
5. Mr. Banik has impeached the following finding of the Learned
Tribunal: -
"Considering the facts
different point wherein the Hon'ble Supreme
Court has held that tort feasors can seek recovery or
possession from any other tort feasors. However ... Supreme Court has held that the all the joint
tort feasors should not be joined in the proceedings.
4.3 Learned counsel for the petitioner
contractual obligations by
the defendants. The defendants are guilty of the tort of negligence and/or
guilty of wrongful conversion. In such circumstances the forum ... defendant No.1 and/or the
defendants and/or for tort of negligence and/or for tort of wrongful and
dishonest misappropriation and/or conversion
that the suit is barred by
limitation and two, that the tort of malicious implication is not recognized in
India and that no damages have ... filing of the suit is not barred by limitation.
11. Insofar the tort of malicious prosecution/malicious implication is
concerned, the averments made
negligence, his
entitlement is to sue both or any of the joint tort feathers and
recover the compensation at his option from any of them ... claimant is entitled to sue both or any one
of the joint tort feasors and to recover the entire
compensation as liability of joint tort
common law duty of care. The
plaintiffs' action was founded on tort. The suit would be
governed by Article 113 of the Limitation ... 3906/2014 JUDGMENT
1963, because the action for compensation relating to tort for
doing or omitting to do has to be brought within a period
paragraph 1, it is
stated:
"Negligence-is a specific tort and in any given
circumstances is the failure to exercise that care with
which ... victim of
the injury, who may sue him in tort for damages. But it
should now be recognised that at common 1aw there
file claim petition seeking entire compensation from any one of joint tort-feasors. In support of the same, he relied upon the Apex Court ruling ... applied to the instant cases as the liability of the Joint Tort-feasor is joint several.
In the instant case, there is determination of inter
file claim petition seeking entire compensation from any one of joint tort-feasors. In support of the same, he relied upon the Apex Court ruling ... applied to the instant cases as the liability of the Joint Tort-feasor is joint several.
In the instant case, there is determination of inter
