Negligence alone does not give a cause of action, damage alone does not give a cause of action; the two must co-exist.

First one has to ask as between the alleged wrong doer and the person who has suffered damage if there is a sufficient relationship of proximity…

The obligations towards the contracting party extended to all such persons who were likely to be injured by the acts or omissions of the defendant. They…

General damages are those damages which the law presumes to flow from the negligence of which the plaintiff has complained. These damages must be specifically averred…

The assessment of damages should be based on the pleadings and the evidence adduced, and where there is no evidence to support a claim for damages,…

It is settled law that a court cannot grant to a plaintiff a remedy which has not been claimed and established by the pleading and the…

Where there is a special provision in a statute, a later general provision in the same statute capable of covering the same subject-matter is not to…

Section 42(1) is a special provision which confers jurisdiction on any High Court in a State in matters of fundamental rights irrespective of who is affected.…

Both the Federal High Court and the High Court of a State have concurrent jurisdiction. An application may therefore be made either to the Federal High…

By wrongly initiating a claim under the Fundamental Rights (Enforcement Procedure) Rules, the claim was not initiated by due process of law. The proceedings before the…

An action for breach of contract cannot be initiated under the Fundamental Rights (Enforcement Procedure) Rules, 1979.

Wrongful dismissal belongs to common law class of actions; action for contravention of a fundamental right belongs to a constitutional class of actions. Where the main…