admindeepak Novus Actus Interveniens literally means, “a new intervening act”. As a general rule, damage is said to be too remote where it is caused by the intervening act of human volition of a third party, or when the injury to the plaintiff might have been occasioned by the intervening act of volition on the partof … Read more
According to the doctrine of Remoteness of Damages, damages are said to be too remote, where the causal connection between it and the defendant’s act is regarded by the law as not sufficiently direct to create responsibility. It is also known as the doctrine of Natural and Probable Consequence. This doctrine is also expressed by … Read more
The task of determining the amount of compensation for personal injuries is difficult. Personal injuries may be of two kinds : (1) non-pecuniary loss and, (II). pecuniary loss. (1) Non-pecuniary losses. Non-pecuniary losses are the following: (1) Pain and suffering: If as a result of defendant’s negligent act pain and suffering is caused to the … Read more
In the law of torts the remedies available to the injured person can be divided into two heads: (1) Judicial, and (II) Extra-judicial. (I) Judicial Remedies Judicial remedies are remedies by way of action at law. The injured party may institute a suit in a Court of law and obtain redress. The remedies obtainable for … Read more
Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge become redundant. Trouble for Rapido, Uber! Supreme Court stays Delhi HC order allowing bike taxis to ply In a big blow for bike taxi operators, … Read more
The National Consumer Dispute Redressal Commission (NCDRC) observed that the surveyor’s report of the incident can act as a prerequisite for the insurance claim but it is neither conclusive in nature nor binding on the parties. The bench of the National Consumer Dispute Redressal Commission (NCDRC) led by presiding member, Justice R.K. Agrawal, made a significant … Read more
The Supreme Court reiterated recently that Consumer courts cannot decide complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, . It said that the concept of “deficiency in service” under the Consumer Protection Act, 1986 must be distinguished from the criminal or tortious acts. The … Read more
In a tort of nuisance the following remedies are available to the persons wronged: (A) In case of Public Nuisance the following remedies are available: (1) Under the criminal law: Under Sections 268 of the Indian Penal Code. Public Nuisance is a crime. According to this section a person is guilty of public nuisance who … Read more
A defendant in an action for nuisance may take up the following defences: (1) Grant: When the defendant had right under the terms of a contract to do an act of nuisance, no action can be brought against him. (2) Prescription: A right to commit a private nuisance may be acquired as an easement by … Read more
A lawful act does not become unlawful merely because it has been done with a bad motive and unlawful act does not become lawful because it has been done with good motive. This principle has been laid down by the House of Lords in the case of Brandford Corporation v. Pickals. The House of Lord … Read more