...that if there is any breach of a statutory duty, the appellant will not be entitled to any relief without an injury. The breach of a statutory duty created for the benefit ....25. In order to succeed in an action for damages for breach of statutory duty the plaintiff must establish a breach of a statutory obligation which, on the pr.... The present case is not for pecuniary damages for breach of statutory duties.26. In the present case the appellant contends that the Municipality has illegally sanctioned the plan for conversio...

...Company cannot be made liable as an indemnifies. There is no liability arising out of breach of statutory duty or of Section 94 read with S. 95(1)(b) of the Motor Vehic...negligence, no breach of statutory duty has been established in this case inasmuch as the vehicle owner had taken out a policy covering the liability under S. 95(1)(b). It is alternatively contended that so...liability’ under S. 92-A, an owner can be made liable for breach of statutory duty under S. 94 read with S. 95(1)(b). For establishing liability for breach of statutory duties, no neglige...

...illegal. A further case of tort, misfeasance, negligence, or breach of statutory duty must be established for such person to receive compensation. 20. We are ...the opinion that while the primary duty of constitutional courts remains the control of power, including setting aside of administrative actions that may be illegal or arbitrary, it must be...dismiss the writ proceedings on the ground of their perceived futility. In the life of litigation, passage of time can stand both as an ally and adversary. Our duty is to transcend the constraints of time...

...the things, it is difficult for the Corporation to inspect every tree to find out whether it is in a healthy or decaying condition. The standard of care is not as high as in the case of breach of a ...down in Anns v. Merton London Borough 1978 AC 728, (1977) 2 All ER 492, (1977) 2 WLR 1024. A breach of statutory duty, therefore, does not ipso facto...did not intend to confer any cause of action for breach of the statutory duty and none was provided for its breach. The conclusion of the High Court that because of the ...

..., deliberate or injurious wrongdoing.11. A reference to Wade's Administrative Law shows that a breach of statutory duty does give rise in public law to liability, which has...; $ 1,00,000 for malicious prosecution and $ 40,000 for breach of the plaintiff's constitutional rights. Reference may also be made to the decision of the Supreme Court of Jamaica in Samulls v...Francis Beaumount (1584-1616) corruption is a tree, whose branches are of an unmeasurable length, they spread everywhere, and the dew that drops from thence, hath infected some chairs and stools of...

...:“The law to date has not recognized an action for negligent breach of statutory duty. It is well established that mere breach of a statutory ....) v. Saskatchewan Wheat Pool (1983) 1 SCR 205 (Can SC)]. The proper remedy for breach of statutory duty by a public authority, traditionally viewed, is...public bodies and individuals, are negligence, breach of statutory duty, misfeasance in public office, etc. Negligence as a tort is a breach of legal duty to take care which results in da...

...of the petitioner, nor breach of statutory duty by the authorities has been established. 4. In the absence of established legal right and the relationship of the peti...appropriate orders in favour of the petitioner. 2. The petitioner is claiming to be the adopted son of Sri Nagayya Jangam S/o Gurayya claiming to be the owner in possession of land in...Sy.No.151 measuring 23 acres 32 guntas situated at Naubad, Taluk and Dist. Bidar. No deed of adoption is placed on record to establish that the petitioner is the adopted son of Sri...

...appellants, they are not entitled to recover the land but can only claim damages for breach of statutory duty on the Collector's part, the measure of damages being such compensation as would have been...recovered by the appellants if the Collector in due discharge of his duty had proceeded under the Land Acquisition Act to...make an award settling the amount of compensation payable to the appellants in respect of the land, which by virtue of a direction made by the local Government under section 17 of Act I...

...registered a criminal case. The learned advocate for the petitioner submits that it is the statutory duty of the police to register FIR on such complaint. Such duty is laid down in the ratio of the Constit...unequivocally laid down that it is the statutory duty of the police to forthwith register FIR in the event a written information lodged with them discloses cognisable offences. However, what is the remedy for ...said report is not an authority for proposition that breach of such statutory duty is remediable only in writ jurisdiction.3. On the other hand, the statutory provisions under...

...Constitution. “Penalty” is a slippery word and it has to be understood in the context in which it is used in a given statute. A penalty may be the subject-matter of a breach of statutory duty or it may...is a penalty which flows from a disregard of statutory provisions, the latter is entailed where there is mens rea and is made the subject-matter of adjudication. In our view, penalty under Section 10(3) of the Act ...where breach occurs in payment of additional tax within the period specified under Section 9(1), a penalty of twenty-five per cent of the due amount has been prescribed for goods carriage plying under...

.... The claim, as pleaded, was based alternatively on negligence, breach of statutory duty and breach of trust. The Attorney General was sued as representing the State of Trinidad and Tobag...justify the appeal being allowed and Kirvek s writ and statement of claim being struck out, but the Chief Justice went on to consider the allegations of breach of a common law duty of care, ...and breach of trust. He held that no common law duty of care was owed by the assistant registrar and that there was no basis for a breach of trust claim. As to breach of ...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...that there has been a breach of statutory duty on the part of the authorities. Therefore, there must be a judicially enforceable right available for enforcement, on the basis of which writ...jurisdiction is resorted to. The Court can, of course, enforce the performance of a statutory duty by a public body, using its writ jurisdiction at the behest of a person, provided that such person satisfi...certificate, as there is no statutory provision that provides for the same.4. Aggrieved, Respondent 5 challenged the order dated 13-3-2009, by filing Writ Petition No. 3129 of 2009...

...the fulfillment of the duty cast by statute or by failure to carry it out or by negligence in its performance. In order to succeed in an action for damages for breach of statutory duty the plainti...entitled to maintain writ on the ground that the residential area would stand spoiled by the construction in violation of the statutory provisions and the municipal authorities owed a public duty and...must establish a breach of a statutory obligation which, on the proper construction of the statute was intended to be a ground of civil liability to a class of persons of whom he is one. ...

...the crossing, there may be no negligence or breach of statutory duty on his part. In these circumstances, the driver could be found not liable….”In Seethamma v. Benedict...negligence is on the cross-objectors in this case. It is not for the appellant to disprove it. If the tort-feasor's negligence or breach of duty is established as causative of the damage, the onus is on...duty of the driver or rider of a vehicle to keep a good lookout. He must look out for other traffic, which is or may be expected to be on the road, whether in front of him, behind him or along side of...

...recorded without unnecessary hindrances. The inaction of the 3rdrespondent constitutes a breach of statutory duty, warranting the issuance of a writ of mandamus to compel the e...scope. Revenue officials, particularly those entrusted with quasi-judicial functions, have a duty to ensure that such proceedings are resolved without undue delay. The very purpose of these proceedings is... - 1 - NC: 2025:KHC:1453 WP No. 28726 of 2024 IN THE HIGH COURT OF KARNATAKA...

...occasional arrhythmia; that she is fit for sedentary work and that work isrecommended for her by a cardiologist.She alleged breach of regulations and unlawful conduct on the part ...1. Thisis an appeal by Dr. Marta Stefan from a decision of the Health Committee of theGeneral Medical Council given on 24th February 1997, whereby the...Committee directedthat Dr. Stefan's registration should be suspended for twelve months.2. Thehearing of 24th February 1997 was the seventh occasion on...

...petition under Article 226 of the Constitution, as held by the Hon'ble Supreme Court, is maintainable either for the purpose of enforcing a statutory or legal right or with respect to breach of ... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7483 of 2017... ====================================================== Amit Pandey S/o Shri Munishwar Pandey, Resident of Migh-295, Kankarbagh Colony, P.O.-Lohiyanagar, P.S. Kankarbagh Distict-Patna also at...

...disciplinary action be recommended against the opposite party, as per the service rules applicable, for the said breach of statutory duty, as imposed on him under the RTI Act 2005, in the present case...regarding the illegal-cum-patent inaction, breach and dereliction from the statutory duty imposed on the opposite party by the RTI Act 2005.(ii) That since, no information has been furnished to...the complainant by the opposite party within the time specified under sub section (I) of section 7 a penalty for the statutory amount prescribed in sub section (1) of section 20 of...