Module 1 (Topic: Case)

Question 1

Concept: Injuria sine damnum

Answer 1

1. Ashby v. White (1703)

Defendant, a returning officer – wrongfully refused to register a duly tendered vote of the plaintiff, a legally qualified voter
Candidate for whom the vote was tendered was elected and no loss was suffered by the rejection of the vote.
The returning officer has acted maliciously – action will lie.
An action for damages will lie if a citizen is deprived of his right to vote by a law which is unconstitutional law by reason of offending right to equality.

2. Bhim Singh v. State of J&K (1986)

Petitioner – MLA of J&K Assembly – wrongfully detained by police – while going to attend Assembly session – not produced before the Magistrate within requisite period.
MLA was deprived of constitutional right to attend the Assembly session – violation of right to personal liberty – Bhim Singh was released – damages amounting to Rs. 50,000 were awarded to him.

3. Marzetti v William (1930).
   The banker refused to honour the cheque of the customer although the banker had sufficient funds in his hand.
   Here the customer did not sustain any actual loss or damage, even then the banker was held liable.

Question 2

Damnum sine injuria

Answer 2

1. Gloucester v. Grammar School (1410)
   The Plaintiff was running a school, and in the neighbourhood defendant also set up a school for children.
   Plaintiff had to reduce the tuition fees of children since they were leaving the school of plaintiff and joining the school of defendant.
   It was held that even though the plaintiff has suffered substantial loss due to rival school but plaintiff had no cause of action against the defendant on the ground that bona fide competition cannot afford ground for action, whatever damage it has caused to plaintiff.
2. Mogul Steamship Co. v. Mc GregorGow & Co. (1892)
   A, B, C and D are ship-owners – combined together to keep the entire trade in their hands – consequently F, a rival ship-owner was driven out of trade by offering special terms to customers – F had no right of action for no legal right of F had been infringed.
3. Chasemore v. Richards (1859)
   Plaintiff, mill owner – using water for his mill from stream, fed by rainfall percolating through underground strata not flowing in defined channel – defendant sunk a well and pumped large quantities of water, which would otherwise have gone to plaintiff’s stream.
4. Town Area Committee v. Prabhu Dayal (1975)
   Illegal construction of 16 shops – construction was made without obtaining necessary sanction.
   The constructions were demolished.
   Compensation was claimed since demolition was done with bad intention.
   Court held no liability to provide compensation because no ‘injuria’ was proved – since construction was made illegally.