CiteTEXT
...matters thus arising either under a contract or otherwise for a money claim are not covered by any public law and/or thus not matters referable to any breach of a public law right. The Court, it is well settled, issues directions in...reluctant to entertain such a petition."
4. The above, the Court has stated, in our view correctly as in all such claims arising out of a contract, it is of essence that...1. The impugned judgment, we are constrained to observe, has been invited by the appellant by its negligence in filing a proper counter affidavit and bringing to the notice of the Court...
...of that contract. Breach of contract occurs where that which is complained of is a breach of duty arising out of the obligations undertaken by the contract.”...thus:“The distinction in the modern view, for this purpose, between contract and tort may be put thus. Where the breach of duty alleged arises out of a liability...years for compensation for the breach of any contract, express or implied, from the date when the contract is broken. If the suit claims are based on a wrong committed by the Bank or its agent dehors the...
...respect of the second consignment. The plaintiff claims that the defendants acted in breach of a duty owed by them to the plaintiff and had delivered the goods in spite of the fact that the plaint...or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of owner, master or crew of the ship, unless it is shown to the...port in England or Wales in any ship for damages. The claim may be for damages done to the goods or any part thereof by the negligence, misconduct of or for any breach of duty or breach of contrac...
..., the appellant claims that the Board had committed breach of statutory duty by failing to provide adequate barrage unloading timings as prescribed by the Regulations and by refusing to permit it to load...the duty of the court to dismiss any suit instituted after the prescribed period of limitation irrespective of the fact that limitation has not been set up as a defence. If a suit is ex facie barred by...duty of the court not to proceed with the application if it is made beyond the period of limitation prescribed. The Court had no choice and if in construing the necessary provision of the Limitation...
...finance from a Japanese concern. The Minister's refusal was quashed as ultra vires, but it was held that this alone was not a cause of action. Nor does it appear that claims of this kind can be strengthened by pleading ...but in the broader sense of providing relief by an order of making ‘monetary amends’ under the public law for the wrong done due to breach of public duty, of not protecting the fundamental rights ...citizen. The compensation is in the nature of ‘exemplary damages’ awarded against the wrongdoer for the breach of its public law duty and is independent of the rights available to the aggrieved party...
...claim has to be established and the matters thus arising either under a contract or otherwise for a money claim are not covered by any public law and/or thus not matters referable to any breach of a public law right. The Court, it i...."
In another decision in Union of India v. KJaganmohan Rao, a Bench of this Court has said :
"In all such claims aris...:
".... that no petition for the issue of a writ of mandamus will be normally entertained for the purpose of merely ordering a refund of money to the return of which the petitioner ...
...statement of claim as served on S & K included not only claims for contribution founded on common law negligence but also equitable claims for breach of fiduciary duty and dishonest assistance...also alleged to have owed the Fund a common law duty of care and to have been in breach by allowing the funds to be invested in Breen, Guarnerius and Arquebus. The directors were also alleged to have...meaning of the 1995 Act. Section 2(1) provides a special definition of "tortfeasor":"a person who commits a wrong or breach of duty, arising independently ...
...between the parties, if the duty in fact arises independently of that contract. Breach of contract occurs where that which is complained of is a breach of duty arising out .... Where the breach of duty alleged arises out of a liability independently of the personal obligation undertaken by contract it is tort and it may be tort even though there may happen to be a contract...provides a period of 3 years from compensation for the breach of any contract, express or implied, from the date when the contract is broken. If the suit claims are based on a wrong committed by the Bank or...
..., the mere assertion by the petitioner that her husband died due to aggression and fighting of two bulls is insufficient to cast liability on the breach of duty principle.15. The above narrative disc...duty, and its demonstrable breach, by the public authority, the court should not award damages in exercise of public law jurisdiction.14. It was also urged, in addition, that apart from...be paid by the first respondent Union of India as its functionary, the third respondent (Director General of Works), was negligent in discharge of its duty which resulted in the breach of the righ...
...plaintiff's claim. The plaintiff claims this sum on the ground of a breach of duty on the part of the defendants to him as his attorneys. Although, as I have said, it is clear that both parties re...sum due from him in respect of costs payable to the defendants in terms of the letter of 6th February 1925. On the basis of this set-off, he claims the sum of Rs. 1,300 paid to the defendants on 3...in the correspondence, the claim of the plaintiff subject to the cross claims of the defendants, to the sum of Rs. 1,300 has been conceded. Indeed, their substantive defence, namely that they are...
...premises were in their possession the judgment appealed from was correct in law because it did not pronounce to the contrary but only decided that no claims j, based on breach of duty by the Companies had...different origin, an origin which it seems to me is wholly distinct and saparable from the tire, namely, a neglect by the Companies of some duty imposed on them after the loss by fire and water had...own interest, not because it is under a duty to the assured. Its powers are of the nature of a privilege to do that which is most for its own benefit under the circumstances so as to reduce the loss. In...
...non-delivery of the goods. The defendant has committed breach of its duty as common carrier to deliver the goods safely. The plaintiff claims that he is entitled to recover damages for non-delivery by...R.S Bachawat, J.:— This appeal arises out of a suit in which the plaintiff seeks to recover from the defendant firm the sum of Rs. 12,220/- as damages for breach of its duty as common...common carrier for breach I of the common law duty in an action of tort.7. In India General Navigation and Rly. Co. Ltd. v...
...
never raised any such dispute before the Claims Tribunal. It was the duty of the Insurance company to establish breach of policy if that was its.... Primarily it would be the duty of the Insurance company to plead and prove a case of any breach of terms of the policy which would enable the Insurance company to avoid its liability. This was...
1. This appeal is filed by the Oriental Insurance Company Ltd challenging the judgement and award of the Motor Accident Claims Tribunal dated 9.3.2007 in MACP NO. 186...
...policy. The OPS pointed that this breach of the duty of disclosure rendered the claims inadmissible under the terms of the policy, which is governed by Indian contract law. The OPS emphasizes that...Insurance Ltd. and their Branch Manager in Panaji-Goa, (hereinafter referred to as
"OPS"). The grievance arises out of the repudiation of medical insurance claims...rejection of his claims is arbitrary, lacks bona fide, and is an unfair and deceptive practice.
4. The Complainant sought the following remedies from this Hon"ble Commission...
.... According to the appellant the second respondent failed to perform its obligations and to discharge the duties as Stevedore. Particulars of negligence and/or breach of duty are set out under paragraph 11 ...it has suffered loss and damages by reason of negligence, and breach of duty by the second respondent and such loss and damages according to the appellant ran...appellant's principals for the negligence and breach of duty of the second respondent. He further argued that the judgment-debtor's claim being disputed by the garnishee, the question of the garnishee's...
...Section 6 of the Admiralty Court Act, 1861, the High Court would have jurisdiction to entertain the claims arising out of a bill of lading for breach of contract ...breach of duty in relation to the carriage.8. It was held in that case that Section 6 of the Admiralty Court Act, 1861, was attracted not only where the claim...arose on account of the breach of contract of carriage but also where the claim arose on account of negligence, misconduct or breach of duty independently of the contrac...
...consignees after due enquiry as the claims were valid and unanswerable since the defendants the bailee of the goods were guilty of gross negligence and breach of duty as bailees. The ...Civil Suit No. 6 of 1957. These claims in respect of the damage sustained by the consignees and also the fees which they had to pay for survey of the goods, were paid by the plaintiff company to the...and sustained 'injuries.' This accident happened during day time but all the workmen were absent except the watchman. Lord Ellenborough ruled in that case that it was the duty of the defendant to have...
...of his duty as liquidator made no provision for the claims of the plaintiffs, and had distributed the assets of the licensee company without making such provision, and they claimed by way of damag...Act. But the duly to pay the debts as stated above is an absolute statutory duty, without limit in point of time and with no provision for the release of the voluntary liquidator similar to that in...the Act permits the destruction of the remedy before the duty has been performed; it has been held that the opening words of S. 142, “as soon as the affairs of the company are fully wound up”, do not...
...are: first, the breach of duty owing by one person to another and; second, the damage resulting to the other from the breach, or the fact or combination of facts which gives rise to a right to sue. Viewed ...whether the civil court had jurisdiction to entertain the suit or to continue with the suit. The question was whether in the nature of the respective claims arising out of the loan transaction, it was...extended to it. The question, therefore, was whether it could be said that both claims arose out of the same cause of action giving rise to different rights of action. The elements of a cause of a...
..." in the matter. In effect the basis of his claim is that the defendants had acted wrongfully and in breach of the contract of carriage. It is alleged that the defendants committed breach of the ...negligence, or any breach of contract or breach of duty, unless at the time of the institution of the cause the owner or part-owner was domiciled in England or Wales. The jurisdiction is ...plaintiff would further allege that the defendants have committed conversion of the plaintiff's cargo. In breach of the defendants' duty under the Bill of Lading, the defendants failed and neglected to...