State Liability for Tortuous Acts by Its Servants
RESEARCH ARTICLE – CONSTITUTIONAL TORTS IN INDIA
Subject: LAW OF TORTS
Submitted by: P S S BHARGAVA
Submitted to: Prof. MADABUSHI SRIDHARACHARYULU
Roll No. : 2012-39
NALSAR UNIVERSITY OF LAW, HYDERABAD
RESEARCH METHODOLOGY
As a part of my research project I have used doctrinal method. I have referred to various cases and tracked the development and evolution of Law of Torts. In this project I would like to discuss the evolution of constitutional torts in India. Under civil law only private individuals can be held liable. But, under this branch of Law Of Torts, the state is held liable for the injuries caused by its servants. This project deals with the cases wherein inalienable Fundamental Rights and Human Rights of the individuals have been infringed. I would briefly trace the need, evolution and expansion of constitutional torts in India.
TABLE OF CONTENTS Definition of a tort 5 Liability of a state 5 Article 300 6 Evolution of Constitutional Tort 7 Need For Constitutional Torts 8 Ubi Jus Ibi Remedium 9 Injuria Sine Damnum 9 Essentials for Constitutional Torts 9 Differences between constitutional tort and private tort 10 CASES WHICH LED TO THE DEVELOPMENT OF CONSTITUTIONAL TORTS 11 Kethri v. state of Bihar 11 Rudal Shah V. State of Bihar 11 BHIM SINGH v. STATE OF J & K 12 LATER DEVELOPMENTS IN CONSTITUTIONAL TORTS 12 Saheli v. Commissioner Of Police, Delhi 13 PUDR v. Commissioner of Police Delhi 13 K P HUSSAIN REDDY v. EXECUTIVE ENGEINEER, MI DIVISION, NANDYALA 13 D K Basu v. State of West Bengal 14 Darshan & Others (Smt.)Vs. Union of India & Ors 14 Challa Ramkrishna Reddy v. State Of Andhra Pradesh 15 Sebastian Hongray v. Union of India 15 Rape of foreign woman by state functionaries 15
Subject: LAW OF TORTS
Submitted by: P S S BHARGAVA
Submitted to: Prof. MADABUSHI SRIDHARACHARYULU
Roll No. : 2012-39
NALSAR UNIVERSITY OF LAW, HYDERABAD
RESEARCH METHODOLOGY
As a part of my research project I have used doctrinal method. I have referred to various cases and tracked the development and evolution of Law of Torts. In this project I would like to discuss the evolution of constitutional torts in India. Under civil law only private individuals can be held liable. But, under this branch of Law Of Torts, the state is held liable for the injuries caused by its servants. This project deals with the cases wherein inalienable Fundamental Rights and Human Rights of the individuals have been infringed. I would briefly trace the need, evolution and expansion of constitutional torts in India.
TABLE OF CONTENTS Definition of a tort 5 Liability of a state 5 Article 300 6 Evolution of Constitutional Tort 7 Need For Constitutional Torts 8 Ubi Jus Ibi Remedium 9 Injuria Sine Damnum 9 Essentials for Constitutional Torts 9 Differences between constitutional tort and private tort 10 CASES WHICH LED TO THE DEVELOPMENT OF CONSTITUTIONAL TORTS 11 Kethri v. state of Bihar 11 Rudal Shah V. State of Bihar 11 BHIM SINGH v. STATE OF J & K 12 LATER DEVELOPMENTS IN CONSTITUTIONAL TORTS 12 Saheli v. Commissioner Of Police, Delhi 13 PUDR v. Commissioner of Police Delhi 13 K P HUSSAIN REDDY v. EXECUTIVE ENGEINEER, MI DIVISION, NANDYALA 13 D K Basu v. State of West Bengal 14 Darshan & Others (Smt.)Vs. Union of India & Ors 14 Challa Ramkrishna Reddy v. State Of Andhra Pradesh 15 Sebastian Hongray v. Union of India 15 Rape of foreign woman by state functionaries 15
Bibliography: 3. S.P . Sathe, Judicial Activism: The Indian Experience, 6 Wash. U . J . L. & Pol’y 029 (2001), http://digitalcommons.law.wustl.edu/wujlp/vol6/iss1/3 5. Wells, Michael L., "Constitutional T orts, Common Law T orts, and Due Process of Law" (1997). Scholarly Works. Paper 457, http://digitalcommons.law [ 4 ]. Crown proceedings act, 1947 [ 5 ] [ 11 ]. (1989) 4 SCC 730 [ 12 ] [ 26 ]. Ashby v. white, (1703) 2 Ld. Raym, 938 [ 27 ] [ 33 ]. 1981 SCR (2) 408 [ 34 ] [ 42 ]. 1989 (1) SCALE 114. [ 47 ]. 79(1999)DLT432. [ 54 ]. 2011VAD(Delhi)617.