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  • Level: GCSE
  • Subject: Law
  • Word count: 2097

Vicariouis liability and article 21

Extracts from this document...

Introduction

PROJECT SUBJECT: TORTS TOPIC: VICARIOUIS LIABILITY AND ARTICLE 21 SUBMITTED TO MRS. STELINA JOLLY SUBMITTED BY GOPAL BOSE I STSEMESTER B.Sc LLB. ROLL NO 279 ACKNOWLEDGMENT I take this opportunity to express my gratitude and personal regards to Mrs. Stelina jolly for inspiring and guiding me during the course of this project work. I also owe my sincere thanks to the library staff, National Law University for the cooperation and facility extended from time to time during the progress of my project work. And last but not the least I must give my humblest gratitude to my parents and my friends for their support and encouragement. [GOPAL BOSE] OBJECTIVES AND METHODOLOGY OBJECTIVES: 1: TO FIND OUT AND STUDY THE RELATIONSHIP BETWEEN THE VICARIOUS LIABILITY AND ARTICLE 21 2: TO DRAW UP THE BASIC TRENDS BY ANALYSING VARIOUS CASES METHODOLOGY THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION. TABLE OF CONTENTS 1:......................................INTRODUCTION 2:......................................RELATION 3:......................................CASE ANALYSIS 4:......................................CONCLUSION 5:......................................ANNEXURE 6:......................................BIBLIOGRAPHY INTRODUCTION In India the punishments for crimes has occupied the system than the compensation for wrong. ...read more.

Middle

The state was directed to pay Rs 2 lakhs to her family with the right to be indemnified by and take such actions as may be available to them against the wrong doer. Custodial deaths and violence are reaching the courts regularly even as the courts have been imposing compensation holding the state vicariously liable for the wrong committed by the police or the other employees. In Moheela Moranv. State of Assam8, Phoolwati v. NCT of Delhi,9 and the courts heard the cases of custodial death including the death, and in all the cases the state is made to pay the compensation. The remedy of compensation is more frequently being characterized as an interim measure. So we can see that this concept is slowly and slowly spreading its wings. These trends can also be seen even in the Encounter Killings the task is not that easy now as asserted by the Gauhati High Court in Gopal Ch Sharma v. State of Assam10 basing his judgement on a judicial inquiry instituted by the court, gave a lie to the assertion of death in an encounter and directed that Rs 2.5 lakhs be paid in compensation. ...read more.

Conclusion

This is the time of relativity i.e. relating one indispensable idea with another to get a better or we can say a hybrid idea, an idea without flaws, and an idea which is complete, complete in every sense. On one hand this concept brings down the essence of constitutional law and on the other hand it brings the law of torts. So in this way we can say that we are heading towards what we thought while making this thing called 'LAW' that "NO CONVICT SHUOLD REMAIN FREE AND NO INNACENT SHOLD BE CONVICTED". 1 Piryanath Sen ,p.336(taken fron secondary source : Ratan Lal &Dhiraj Lal , The Law of Torts,24thedn. (2004) p.1 2 A term whichPollock claimedhe has invented:Pollock-Homes Letters, vol. I, p.233 3 launchbury v. Morgans[1971] 2 Q.B. 245,253 4 R.K.Bangia, Law of Torts,17thedn.[2003] p.83 5 Baxi Amrik Singh v. Union of India,[1973] 75 P.L.R. 1 at p. 7. 6 I.C.I. Ltd. v. Shatwell[1965] A.C. 656,686 7 2000 Cri Lj 4459 8 (2000) 2 Gau LT 504 9 2000 Cr Lj 1613 10 (2000)1 Gau LT 643 11 2000 ACJ 1305 12 (1980) 1 SCC 270 13 chairman,Railway Board v. Chandrima das, AIR 2000 SC 988 at 988 14 [1957] 2 ALL.E.R. 667 ...read more.

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