Injuria Sine Damnum
This Article Includes
Injuria Sine Damnum means injury of legal rights without damage.In other words,infringement of an absolute private right without any actual loss or damage(Here physical damages or actual loss means loss or damage in terms of health,money,etc.).Therefore,plaintiff will compensated if his legal rights are violated even though there is no actual damage/loss is suffered.
Leading Case Laws For Injuria Sine Damnum :
- Ashby v. White : Plaintiff was confined by returning officer due to which plaintiff was not able to caste his vote.Though the party in the election that the plaintiff wanted to vote won the election.Since the right to vote was violated,there is a legal injury to the plaintiff by the defendant.
Hence,defendant was held liable and plaintiff was compensated for the same.
- Bhim Singh v. State of Jammu & Kashmir : Bhim Singh(plaintiff) was detained by the police when he was on his way to attend assembly section for his work.He was not even presented in front of magistrate within the requisite time.
Hence,here the legal rights of plaintiff are violated,The defendant was held liable and plaintiff was compensated for the same.
- Ashrafilal v. Municipal Corporation Of Agra : In this case,the Ashrafilal’s(plaintiff) name was deleted and dropped from the voters list by the concerned authorities,consequence of which plaintiff was not able to exercise his right to vote.Plaintiff sued Defendant.
Defendant was held liable as the plaintiff’s legal right was violated and compensation was granted to plaintiff.
- Marzetti v. Williams : Marzetti(Plaintiff) was holding an account in the bank of defendant.Though there was sufficient amount money in the plaintiff’s account,but when plaintiff tried to withdraw some money via self cheque,he was denied without any sufficient reasoning.Plaintiff sued defendant.
Defendant was held liable,and plaintiff was compensated for the same.
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