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COMPENSATORY DAMAGES: not to be givn to third party: exception in cases of death

or when there is subrogation in case of insurance


Nominal damages: generally granted in cases where there is damage but no injury,
Aggravated damages: in situations where there is not just a tort, but also the
manner it has been dne is reprehensible,
Restitutiory damges: those in which the tort is of such a kind wher the tort feasor
has gained adv cos of the use of any prop or anything from otr party
Injunction pertainin to specific goods: court asks u to return the goods taken, undo
wat has been dne
Genral injuction:
Reconcile malice with tort/: where malice cmes in torts
State of ap v govardhanlal: 2003 (3) SCALE 107: goardhan lal is owner of land and
building which was givn on rent to run a skol since 1954 as a tenent. The buiding
got deplicated and he wanted to evict the tenent cos this building should be
demolished or huge repairs be dne. Rent controller says no, in appeal the order in
his favor. B4 the satte cud vacate, he goes to high court for immediate vacation
which was granteed, now satte givs an udertakin thatthey r goin to vacate on 30 th
april 1989.
On 26thapril state invokes their power of eminent domain. In sc this was challenged
as malicious. Can I say i=some rong has been commited against him cos there is
malice.
The malice is that they had been hre for all this years and din apply this til now
Malic in fact:person acts against otr with an intentto harm him, it is not a tort ,
agaist state but in case of individual it can be alleged
Malice in law: one acts against otr in violation of law , only this can be alleged
against in state
Questions: is there malice, if there is malice does malice amount to tort
It was decided that there was no malice in law as that the action was dne in the
general intresets of public
town area committee v Prabhu Dayal air 1975 allahabad 132: some
contrsutionmade without proper consent. Onece such stru created, the the building
can be demolished. Chair finds that such stru is made, the chair gives notice, but
the notice is very short. Short notice is also a very vald notice. Alleging malice
against chair, simpliciter damages wont entitle to remedy, demnun sine injuria is

not enuf for remdy . if law permits u to do enythin but u do it cos of malice in fact,
no remedy be given. Damnun(los) sine injuria(violation of rit). He is actin in power
that law gives him
Dr Mohd. gulam Nabhi Khan v Dr. Mehfoos Khan 1991 MPLJ 559
2 docs a & b . a has grudge against b cos of some marriage issues cos some rel of b
marries as rel wich is not likd by a. A writes many complaints to authorities that b is
not maintining statndard etc. so premises of b searched by authorities and no
irregularities.can b ask for damages in tort on grounds of reputation loss etc.
It was decided it is not a case of tort

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