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.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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