#lawoftorts

By Aditi Varshney (Student at Asian Law College, Noida) Introduction Can you tell how free is freedom of speech and expression in India? The freedom of speech and expression is an individual’s right under Article19(1)(a) of the Indian Constitution which clearly gives the right to freely express one’s opinion, thought, belief, etc., in any mode (written, printed, verbally, etc.). However, there…

Ram Jethmalani v. Subramaniam Swamy [AIR 2006 Delhi 300, 126 (2006) DLT 535]

By Jasashwee Mishra & Amit Sheoran (Team LL.B Mania) Defendant Appellant – Subramaniam Swamy Plaintiff Respondent – Ram Jethmalani Facts  While the M.C. Jain Commission of Inquiry reviewed the details and conditions of the Commission of Inquiry Act 1952 involving the assassination of Rajiv Gandhi, within which the then chief minister of Tamil Nadu, Jayalalitha’s summon to court was being…

D.P Choudhary & Ors. v. Kumari Manjulata [AIR 1997, Raj 170]

By Divyashree & Ashlesha (Team LL.B Mania) Defendant Appellant – D.P. Choudhary And Ors. Plaintiff Respondent – Kumari Manjulata Facts Kumari Manjulata was aged about 17 years, living with her family. Her family was well- educated. Manjulata herself was a B.A. student. Her mother Nirmal Devi was M.A. B.Ed.  Her father Mohan Singh was M.A. M.Com. and M.Ed, and employed as Senior Teacher. Her…

Trespass is one of the ancient forms of action that arose under the common law of England as early as the 13th century. It was considered a breach of the king’s peace for which the wrong doer might be summoned before the king`s court to respond to a civil proceeding from the harmed caused. The courts were concerned with punishing the trespasser rather than compensating the landowners and from the…