CiteTEXT
...:“Assault. 1. Criminal and Tort Law. The threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting...punishable under any other law for the time being in force; or(u) whoever commits sexual assault on a child and makes the child to strip or parade naked in public, is said to commit.... However, the fact remains that the Legislature, to its wisdom, has used the word “assault” in Section 9 of the POCSO Act. The word “assault” in Black's Law Dictionary has been defined as under...
...constituted in law the assault and battery tort. It was entirely reasonable, in their Lordships' opinion, for the judge to have made a single award to cover all of them. It would, however, have been preferable...been infringed.There is no doubt but that there is a potential measure of overlap between the tort of assault and battery on the one hand and the Article 17(1) guarantee against...items mentioned by the judge as constituting the Article 17(1) infringement would have constituted aggravating factors relevant either to the assault and battery tort or to the false imprisonment tort...
...world.48. The evolution of this law is discussed lucidly by Prof. Edward Veitch and David Miers in their article, “Assault on the Law of Tort” in 1975 Modern Law Review, pp. 139 to 152...assume that the claims must be claims on the basis of negligence or culpable negligence or that it should be based on the principle of tort as defined by the common law of England and applied by Indian.... They have concluded at p. 146:“The brief resume above of the men and their theories reveals that there is no single coherent set of ideas either about the existing law of tort or about the...
...against the other. This, however, had a historical connection with the fact that the English Law of tort was more often than not derived from actions under criminal law, such as, assault and battery...personalis moritur cum persona, as pointed out in Winfield's “Law of Tort (Eighth Edn.pp 603-605), was an invention of English Common Lawyers. It seemed to have resulted from the strong quasi criminal...character of the action for trespass. Just like a prosecution for a criminal offence, the section for trespass, which was “the parent of much of our modern law of tort” was held, by applying this maxim...
..., though not entitled to found on seduction because seduction implies consent, have however a right of action under some other head of law such as assault, false imprisonment or deceit in tort or...seduced, who complains also of the breach of promise, and she sues through her next friend and mother. The trial Court (the District Munsif's Court, Nellore) found that there was the tort of....The argument in regard to the seduction aspect of the case is that seduction is a tort on the basis of which an action can be brought only by the plaintiff's father or mother on the ground of loss...
...menacing gesture are not an assault. Assault involves reasonable apprehension of impact of something on one's body.
30. It may be pointed out that "battery" in the English law of tort corresponds...none of the alleged torts, viz., assault, insult or intimidation is made out; and secondly, even if the acts attributed to the defendant constitute in law one or the other of the aforesaid actionable...itself seems to be no cause of action by the law of England, though particular forms of insult are actionable because accompanied by other facts which confer a right of action. Assault, false...
...the case?
Substantial question of Law No.1:
7. The suit for damages, arising, from the tort of assault, allegedly perpetrated by...judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial question of law:-
1. Whether the ld. Appellate Court erred...in law in reversing the decree of ld. Trial Court when there is absolutely no evidence on record whatsoever to link the alleged injury of the respondent, with the appellants. And therefore whether the...
...the right to life, but not for “Tort” for which action should have been initiated under private law by filing a suit in a court of competent jurisdiction.15. Learned.... Parasaran also argued that exemplary damages under law can be awarded in addition to the damages for the “tort” alleged to have been committed but where not even damages have been awarded, there is no...question of awarding exemplary damages. It is also contended that action for tort could have been initiated only in the field of private law by instituting a suit in a proper civil court and not under public...
...(Chapter 12) to public law aspects of tort and a separate sub-chapter is devoted to constitutional torts.20. Torts like battery, assault, false imprisonment by police officers and other...compensation in public law. Such compensation is only by way of applying balm to the injury suffered by the person or the victim. Such remedy is in addition to the remedy in tort in private law. It is...Principles of Constitutional Tort17. Of late, certain authors of public law as well as tort law have coined the term “constitutional tort”, (a) Clerk and Lindsell on ‘Torts’; 18th Edn...
...in addition to the remedy in tort in private law. It is also well settled that depending on the gravity of carelessness and negligence, the court exercising public law powers can always award..., certain authors of public law as well as tort law have coined the term "constitutional tort", (a) clerk and lindsell on 'torts'; 18th edn. Sweet and maxwell ltd, 2000 (b) 'torture as tort' by graig...of tort and constitutional tort to understand the public law remedy of compensation for violation of right to life and liberty. Tort is a civil wrong that causes injury for other damages for which...
...-known book on the law of torts as “a concise treatise on civil liability for actionable wrongs to person and property”. Whether the expression can be taken to be a complete definition of a tort may be...; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.” In Underhill's law of torts, the definition runs as follows: — “A tort is an act or omission...learned author after attempting to define a tort in this way goes on to state: “A tort is described in the Common Law Procedure Act, 1852, as a wrong independent of contract. If we use the word ‘wrong' as...
.... ‘This was’ Winfield says in his Law of Tort, ‘due in part to the historical connection of the action of trespass, from which much of our law of tort is derived, with the criminal law and in part to the...assault. In that connection, Fatal Accidents Act was passed so that in connection with damages suffered in consequence of death of a deceased could be claimed on behalf of the dependents of a deceased...’ though part of English Common Law has been subjected to criticism even in England. It has been dubbed as unjust maxim, obscure in its origin, inaccurate in its expression and uncertain in its...
...initiating or completing land acquisition proceedings the petitioners cannot complain constitutional tort and seek compensation in public law remedy. He vehemently contends that the public law remedy of..., certain authors of public law as well as tort law have coined the term "constitutional tort" by their analysis of the cases decided by the public law courts like high courts and supreme court where...compensation was awarded in public law for violation of basic human rights and civil rights to life and liberty. It is necessary to briefly refer to the concept of tort and constitutional tort to...
...may result in tortious liability are breach of duty primarily fixed by the law while in contract they are fixed by the parties themselves. Further in tort the duty is towards persons generally. In...interest. But law of torts being a developing law its frontiers are incapable of being strictly barricaded. Liability in tort which in course of time has become known as ‘strict liability’, ‘absolute...branch of law of tort. In Read v. J. Lyons & Co. Ltd. (1947) AC 156, (1946) 2 All ER 471 it was observed that damage caused by escape of cattle to...
...) seizure in the name of law; arrest, apprehension of a criminal;
(ii) Perception; comprehension, belief: the tort of assault requires apprehension by the...1554 traced the history of the anticipatory bail and suggestions made by Law Commission of India, the incorporation as such of Section 438 in the Code of Criminal Procedure, 1973 while...was also kept in mind by examining the fact that whether the child in conflict with law (in short 'CICL'), as defined under the 2015 Act, was being deprived of a right to apply for...
...:
the tort of assault requires apprehension by the plaintiff of imminent contact.
(iii) Fear and anxiety about the...law (in short CICL) who is involved in this case which is heinous in nature. He has also argued that Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as J.J. Act...and Sections 10 and 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 are complete code in themselves. He has also argued that child in conflict with law has no apprehension of...
...liable to be sued in tort or in contract, and the Common Law immunity never operated in India.”14. In...to death on account of the beating and assault by the agency of the sovereign power acting in violation and excess of the power vested in such agency. The mother of the child, Kamlesh Kumari, in our...which includes battery, assault, false imprisonment, physical injuries and death. In case of assault, battery and false imprisonment the damages are at large and represent a solatium for the mental...
.... (1994) 1 SCC 243, stating that the same approved “misfeasance in public office” as a part of the law of the tort. It was pointed out that public servants become liable in damages for malicious...noted.14. From the aforesaid it is clear that the above has been accepted as a part of the law of tort practically all over the world. What is more, in some countries exemplary.... because of the arrogant, abusive and outrageous disregard shown by the police for the law. The learned Judge awarded $ 40,505 as special damages; $ 75,000 for assault, battery and false imprisonment...
...Inquiry in which the plaintiff lost his commission and was compelled to leave the regiment. The action in Marks's case (supra) was on the tort of assault and false imprisonment by the plaintiff, an Army...Pradeep Nandrajog, J.:— For every real or imaginary problem, a law is enacted with the belief, that by this step the problem will be solved. But we find, for reasons which are fairly...of ‘Rule of Law’ is the outcome of the legal and political experience of people. The Rule of Law embodies the hard fought gains in the Common Law Traditions of England. It was the culmination of a...
...liability and the liability in private law for payment of compensation in an action on tort. It may be mentioned straightaway that award of compensation in a proceeding under Article 32 by this Court or...immunity does not apply, even though it may be available as a defence in private law in an action based on tort. This is a distinction between the two remedies to be borne in mind which also indicates the...the claimant's constitutional rights consists of deprivation of liberty otherwise than by due process of law. The claim is not a claim in private law for damages for the tort of false imprisonment...