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VOL. 9, ISSUE 6 (2023)
Comprehensive legislation for tortious liability: A need of the hour
Authors
Dr. Kusum Chauhan, Lalit Dadwal
Abstract
Latin maxim, "ubi jus ibi remedium",
is the very foundation of the law of tort which means “where there is a right,
there is a remedy. But its application somewhere gets hindered due to lack of
codified tort law which paves the way for legal maxim. ubi jus incertum, ibi
jus nullum (where the law is uncertain, there is no law), with great force. In
India legal concept or rules relating to tort have evolved with the passage of
time, though initially we were dependent on English legal system and its
judicial decisions for understanding. There is no denial that our own treasure
of Indian cases on tort has enriched, but without the comprehensive legislation
on the subject, there may be a possibility that complete justice could not be
done to the aggrieved party due to lack of clarity, certainity and
simplification of tort rules. Time and again the apex court and other high
courts of India have emphasized on the need of enacting a specific legislation
covering the various concepts of tort as there is a vast increase in number of
cases pertaining to tortuous liability. Through this article, the author has
impressed upon the need for a specific codified tort law by discussing some
important judicial decisions.
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Pages:243-248
How to cite this article:
Dr. Kusum Chauhan, Lalit Dadwal "Comprehensive legislation for tortious liability: A need of the hour". International Journal of Law, Vol 9, Issue 6, 2023, Pages 243-248
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