Question

Which of the following cases does not explain the maxim ‘Damnum Sine Injuria’?

a. Bhim Singh Vs. State of J & K

b. Action Vs. Blundell      

c. Chesmore Vs. Richards

d. Ushaben Vs. Bhagyalaxmi Chitra Mandir.

A a and b Correct Answer Incorrect Answer
B a only Correct Answer Incorrect Answer
C b only Correct Answer Incorrect Answer
D a, b, c and d all Correct Answer Incorrect Answer

Solution

In the case of Bhim Singh Vs. State of J and K, the principle of Injuria Sine Damnum was applied. In this instance, Bhim Singh was a member of the J&k State Legislative Assembly who was detained by state police while on his way to a legislative assembly vote and detained indefinitely without charge. His wife filed a Habeas Corpus petition to gain his malafide release.  The apex Court determined MLA Bhim Singh’s democratic right & awarded him Rs. 50,000 in compensatory losses. In addition, the appropriate police official was penalized for neglect of duty and misconduct.

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