Professional Documents
Culture Documents
AT CALCUTTA
CIVIL SUIT NO../2014
UNDER THE
RASHI PANDIT
ROLL NO. 402
SEMESTER I A
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TABLE OF CONTENT
Particular
Page No.
1. List of Abbreviations.3
2. Index of authorities....4
Books referred...4
Statues...4
Websites....4
List of cases...5
3. Statement of Jurisdiction...6
4. Statement of Facts.7
5. Statement of Issues8
6. Statement of Arguments9
7. Arguments Advanced10
8. Prayer.14
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ABBREVIATIONS
&
And
A.I.R.
Honble
Honorable
CPC
Sec
Section
Co.
Company
Vs.
Versus
Ltd.
Limited
Rs.
Rupees
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INDEX OF AUTHORITIES
LIST OF BOOKS
Ratanlal & Dhirajlal - The Law of Torts. Twenty Sixth Edition
Dr. R.K. Bangia- Law of Torts. Twenty Second Edition
STATUTES
Code of Civil Procedure, 1908
LIST OF WEBSITES
www.manupatra.com
www.lexisnexis.com/in/legal
www.westlawindia.com
www.scconline.com
LIST OF CASES
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STATEMENT OF JURISDICTION
The Plaintiff has approached this Honble Civil Court under Sec - 9 of CPC. The Defendant
humbly submits to the jurisdiction of this Honble Civil Court.
The defendant has opposed the plaintiffs approach to the Civil Court of Calcutta under section 9
of The Civil Procedure Code, 1908.
The counsel for the defendant most humbly and respectfully submits to the jurisdiction of this
Civil Court which has the power under its jurisdiction under Section 9 of The Civil Procedure
Code to hear the present matter and adjudge accordingly which reads as:
Courts to try all civil suits unless barred the courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of civil nature expecting suits of which their
cognizance is either on expressly or impliedly barred.
Explanation1. A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to
religious rites or ceremonies.
Explanation2. For the purposes of this section, it is immaterial whether or not any fees are
attached to the office referred to in explanation 1 or whether or not such office is attached to a
particular place.
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STATEMENT OF FACTS
Mr. Sunil, Mr. Rajesh, Mr. Sanjeet & Mr. Sohan were the owner of a shipping
company.
They used to ship clothes from one port to another.
Mr. Ram and Mr. Shyam planned to join their business together.
Later all six of them agreed to run their business together with their head office in
Calcutta.
Offered special terms to new customers.
Mr. Alok Banerjee sued all the six partners for the loss caused to him because of the
competition in the market.
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STATEMENT OF ISSUE
Issue 2: Whether the Plaintiff can claim compensation from the defendant?
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SUMMARY OF ARGUMENTS
I.
It is humbly submitted before the Honble court that Damnum Sine Injuria applies
in this case. The Defendant did not infringe any legal rights of the plaintiff. They
have by lawful means acted to protect and extend their trade and increase their
profit. In this case, the plaintiff did suffered damage but there was no legal injury.
II.
It is humbly submitted before the Honble court that the plaintiff is not entitled of
any damages as no legal injury has been caused to the plaintiff by the defendant.
They all came together to extend their trade and increase their profit, which is not
wrong and it doesnt infringe any legal right of the plaintiff. So, no compensation
can be claimed by the plaintiff.
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ARGUMENTS ADVANCED
It is humbly contended before the honble court that Damnum Sine Injuria perfectly applies in
this case.
The legal maxim, Damnum Sine Injuria contains two very important terms, damnum and
injuria. Damnum means damage, whereas injuria stands for legal injury. It means damage
which is not coupled with an unauthorized interference with the plaintiffs lawful right. Causing
of damage, however substantial, to another person is not actionable in law unless there is also
violation of a legal right of the plaintiff.
Damnum may be abseque injuria, as if I have a mill and my neighbor builds another
mill whereby the profit of my mill is diminished, I shall have no action against him, although I
am damaged but if a miller disturbs the water from going to my mill, or does any nuisance
of the like sort, I shall have such action as the law gives.1
In the Gloucester Grammar School Case2, there the defendant, a schoolmaster, set up a rival
school to that of the plaintiffs. Because of the competition, the plaintiffs had to reduce their fees
from 40 pence to 12 pence per scholar per quarter. It was held that the plaintiffs had no remedy
for the loss thus suffered by them. Thus, setting up a rival school by the defendant is not
actionable even though the plaintiff suffered loss because of competition.
Similarly in this case, the plaintiff suffered loss as the defendant gave offers to their new
customers but there was no legal damage.
1 Hankford J, Said
2 (1410) Y.B. Hill 11 Hen, 4 of 47, p. 21,36
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In Mogul steamship Co. v. McGregor Gow and Co.,3 a number of steamship companies
combined together and drove the plaintiff company out of the tea-carrying trade by offering
reduced freight. The House of Lords held that the plaintiff had no cause of action as the
defendants had by lawful means acted to protect and extend their trade and increase their profits.
Similarly in this case, the defendant was just exercising its right to free trade and the act done by
them was to extend their trade and gain profit.
Even if the Defendant had evil intent, they cannot be held liable for the compensation as, in
Bradford Corporation (Mayor of) v. Pickles,4 the house of lords held that even if the harm to
the plaintiff has been caused maliciously, no action can lie for the same unless the plaintiff can
prove that he has suffered injuria. Thus, a legal act though motivated by malice, will not make
the defendant liable.
Therefore, it is humbly submitted before this court that Damnum sine injuria arises in the
present case and the defendant is not liable for any damage suffered by the plaintiff.
3 (1892) A.C. 25
4 (1895) A.C. 587
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5 Grant v. Australian knitting mills, (1935) All E. R. 209, 217; (1936) A.C. 85, 103,
per Lord Wright
6 A.I.R 1981 All. 46
7A.I.R 1958 A.P. 103
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The High court held that the owner of land on or near a river has a right to build a fence upon his
ground to prevent damage to his ground by the overflow of river, even though as a result of the
same, the overflowing water is diverted to the neighbors land and causes damage.
This being a clear case of Damnum Sine Injuria the defendants were not held liable for the harm
to the plaintiffs.
Similarly in this case, the plaintiff has not suffered any legal injury but damage, so Damnum Sine
Injuria applies in this case, due to which plaintiff cannot be granted any compensation. The
plaintiff can get compensation only if he proves to have suffered injury because of an illegal act
of the defendant and not otherwise.
Keeping in mind the above arguments, it is humbly submitted before this Honble Civil Court
that the defendant has committed no tort and thus can on no grounds be held liable for
compensation under the law of torts in the civil court of justice.
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PRAYER
Wherefore, in the light of the facts stated, issues raised, arguments advanced and authorities
cited, the defendant humbly prays before the court to declare that:
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