...over their simple tasks. Unloaders have often been held to be employees in tort cases.”25. In Market Investigations Ltd. v. Minister of Social Security (1968..., and that control in itself is not always conclusive. He further said that in many cases the question can only be settled by examining the whole of the various elements which constitute the...profitably can be done is to examine all the factors that have been referred to in the cases on the topic. Clearly, not all of these factors would be relevant in all these cases or have the same weight in...

...India during the period from 1975 to 1985 made by Professor Galanter reveals that a total number of 416 tort cases were decided by the High Courts and this Court, as reported in the All India Reporter...time being in force. (Section 3).11. In this group of cases we are not concerned with goods, we are only concerned with rendering of services. Since the Act gives...minimum degree of competence and that they should exercise reasonable care in the discharge of their duties. In general, a professional man owes to his client a duty in tort as well as in contract to...

..., used to adjudge motor vehicle tort cases. They report their findings of facts and conclusions to the court and the parties may accept the auditor's report as final or request a trial. If the case goes...Data Grid (NJGD), we have noted hereinbelow the three oldest civil and criminal cases:TOP 3 PENDING CIVIL CASES1. West Bengal...02.07.1953TOP 3 PENDING CTRIMINAL CASES(1) Maharashtra(a) Chief Judicial Magistrate, Amravati - R.C.C. No. 2319 of...

...adopting the above rule of evidence in tort cases equally holds good in departmental proceedings as well where the Corporation beyond a particular limit cannot lead any evidence to prove negligence of a...involved herein regarding onus of proof in cases involving motor accident is of wider consequence and public interest, therefore, it requires to be deliberated in depth and appropriate detail. In the present...[(1977) 2 SCC 745 : A.I.R 1977 S.C 1735], has held that:“The normal rule is that it is for the plaintiff to prove negligence but as in some cases...

...prudence and public policy, certainly have full application in departmental proceedings as well. The reasons which have prevailed with the courts for adopting the above rule of evidence in tort cases equally...regarding onus of proof in cases involving motor accident is of wider consequence and public interest, therefore it requires to be deliberated in depth and appropriate detail. In the present case, as.... (AIR 1977 SC 1735, Pr. 6) has held that. "The normal rule is that it is for the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true...

...), which is not applicable in Tort cases/civil cases, rather in civil suit, strict rule of evidence is applied, as such, plaintiffs ought to have proved their case by adducing cogent evidence, but...compensation, learned trial Court has adopted formula of claim cases, which is not applicable in tort / civil cases, but, taking it to be guideline, it cannot be held that, said assessment is completely...: (AIR 2002 SC 551) elaborated the doctrine of "strict liability" which has its origin in English common law, in cases of death of a citizen due to snap electrocution where...

...business it might become necessary or expedient as much to enter into contracts as to wriggle out of them, as much to make them as to break them. As for payment of damages for negligence in tort cases in...The Judgment of the Court was delivered byBalasubrahmanyan, J.:— Both these tax cases arise on the same appellate order of the Income-tax Appellate Tribunal. Two questions...Supreme Court was not laying down any opinion on, at least, two other kinds of cases. One is a case where the assessee makes a claim before the assessing authority, but brings no supporting material on...

.... Holding that the Rule in Rylands v. Fletcher is universally acceptable authority in the matter of compensation in tort cases, the Constitutional Bench of the Hon'ble Supreme Court has held in Union...compensation in tort cases of this type. American jurisprudence writers have approved the ratio of that decision and American Courts too have followed the decision as a precedent. This Court in...remand prisoner for five cases pending against him, which are as follows: 6. On the early hours on 09.04.1996, at 03.15 hours, about 20 persons armed with "deadly weapons like Aruval...

...cases of Joint tort-feasors i.e, all the persons who aid, or counsel, or direct or join in the committal of a wrongful, are joint tort-feasors. It is held that joint tort-feasors are jointly and...one offending vehicle and has not impleaded driver and owner of the other vehicle. In our opinion, in the cases of joint tort-feasors when the liability is joint and several, it is the choice of the...involved in the case is whether there can be apportionment? In the cases of joint tort-feasors, it is difficult to determine the extent of liability of each tort-feasor and it will not be possible to...

...of granting damages as well as by way of applying soothing balm to the physical and mental wounds suffered by the victim. Another way of fixing quantum of damages; as is done in tort cases is to...requirements to be followed in all cases of arrest and detention as preventive measures to reduce police tortures, inhumane or degraded treatment during investigation and interrogation in paragraph 36...rely on the decided cases which were adjudicated in the context of similar factual background. We may notice the various cases decided by the Supreme Court in which compensation was awarded and the...

...be a waste of time to refer to them.”12. The learned author has then opined that the cases establish that the tort of misfeasance in public offices goes at...public official is actionable in tort. Secondly, to state that in such cases damages awarded are exemplary. The fact that there is no injury to a third person in the present case is not enough to...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, deliberate or...

.... The Full Bench in Ganesh's case has suggested as follows:—“xxx xxx xxx In cases where both the joint tort-feasors are not made as parties to the proceedings, such of the joint tort-feasor...in some cases modified in appeal and the remedy of a tort-feasor who has satisfied the award, but, who does not know the particulars of the other vehicle which was responsible for the accident. It is...CASES REFERRED: AT PARAS 1. ILR 1999 KAR 403 - Ganesh v. Syed Munned Ahamed (Ref & Affirmed) 3 2...

...appreciate that all these cases were actions in tort and negligence was required to be established firstly by the claimants. The mere fact that the wire of the electric transmission line belonging to...of service, this Court took the view that the High Court committed an error in entertaining the writ petitions under Article 226 of the Constitution and were not fit cases for exercising the...jurisdiction under Article 226 of the Constitution. It was held that actions in tort and negligence were required to be established initially by the claimants. The mere fact that the wire of...

...learned author Keith S. Rosenn has elaborately dealt with the supposed inadequacy of the traditional methods to compute the compensation in tort cases. Rosenn surveys the law in multiple jurisdictions...before the Claims Tribunal, the quantification should be as on the date of determination.Inflation:Tort Damage Awards: (220-21)25. In Law and Inflation4 the...spanning across the nations of both the common law and civil law. He observes that courts have been asked to consider the effects of inflation on tort-damage awards in essentially four contexts...

...prevent unjust enrichment as where money is paid or received for the use of another, overpayment by mistake, tort cases etc., and in contract cases, where the defendant's performance is excused by...

...under the rule in Rylands v. Fletcher (1868) 3 HL 330, or from breach of statutory obligation giving rise to an action in tort…. Not only are most of the cases actions of negligence but most of those in...damages.”It must also be emphasised that the number of cases in which it will be essential to classify the plaintiff's claim as tort, contract, trust, etc..., it would be appropriate and advantageous at this stage to refer and discuss the law of equity and its role in the field of tort and equity.5. In Hanbury & Martin's...

...prisoner for five cases pending against him, which are as follows:Sl. No.Crime No. & Name of Police StationSections and Act under which remandedCourt and case1.10/92 of...criminal cases of grave nature and tried by various courts. He has rivals and enemies in his criminal activities outside and it was due to that reason, he was killed. The jail authorities were unaware of...accused. In the circumstances of the case, when admittedly the accused was involved in many cases and certainly he can be stated as a notorious person which pre-supposes that he must have rivals and...

...breach measured by the difference between the contract price and the market price of the goods at that date. Similar considerations apply to an action for tort. In cases where, as in the present, the... v. Wilkinson (supra) the consensus of opinion was that the damages for tort were to be measured as at the date of the tort, though it may be noted that most of these cases were concerned with...verdict or judgment. The tort is complete the moment the goods are wrongfully converted by the defendant and no question can arise in those cases of any continuing wrong. In a case of wrongful detention...