plaintiff against anyone in this country, including the
defendant. The tort with which the plaintiff charges the defendant is,
indeed, not infringement, but passing ... passing off
35.1 Unlike infringement, passing off is a common law tort. Being a
tort unconfined by the shackles of statute, passing
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 ... liability is always joint and several. The extent of negligence of joint tort feasors in such a case is immaterial for satisfaction of the claim
circumstances cannot be held vicariously liable for the mechanic's tort in causing death of the claimant's husband.
18. The learned Counsel ... interest of the bailor ex contractu.
25. Under the law of torts a bailee, as would be presently shown, is answerable to third parties
Baby Gift House and Ors., MANU/DE/2043/2010 recognizes
separate torts of 'infringement of right to publicity' and 'false
endorsement leading ... passing off'. The tort of infringement of right
to publicity requires identifiability and includes a broad category of
acts of unauthorized appropriation
dealing with a case seeking damages
under law of torts for negligence by municipality, held as
follows:
"63. The conditions in India have ... Consequently, there would be
no Common Law right to file suit for tort of negligence. It
would not be just and proper to fasten duty
option of the
claimant to claim against sole tort feasor or against joint tort feasors.
Therefore, non-impleading the insured and the insurer ... When injury is caused as a result of negligence of two
joint tort-feasors, claimant is not required to lay his
finger on the exact
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 ... liability is always joint and several. The extent of negligence of joint tort feasors in such a case is immaterial for satisfaction of the claim
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 ... liability is always joint and several. The extent of negligence of joint tort feasors in such a case is immaterial for satisfaction of the claim
tenable, since the deceased
himself was the tort-feasor. He was not the victim and
consequently abated charge sheet is filed against him.
Therefore ... where the
claimants have to prove negligence on the part of the
tort-feasor before compensation can be awarded in a
claim petition filed
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 ... case of composite negligence, apportionment of
compensation between two tort-feasors vis-à-vis the
MACA Nos.248 & 225 of 2018 Page
