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| Ramesh dug a well on his land. In the process, Ramesh had cut the underground supply of water in the Delhi Municipal Corporation’s well resulting in causing them monetary losses since there was no adequate supply of water to discharge for the people living under the jurisdiction of the corporation. The Municipal Corporation filed a case against Ramesh for the loss. What will be the result of this case? |
Ramesh will be liable to make good the loss incurred by Municpal Corporation. Ramesh will not be liable to make good the loss as it was a mistake of fact. Ramesh will not be liable to make good the loss as there was no infringement of any legal right which was vested in Municipal Corporation. The court may or may not held Ramesh liable for the act of digging a well and causing loss to Municipal Corporation |
| Ramesh will not be liable to make good the loss as there was no infringement of any legal right which was vested in Municipal Corporation. |
| Damnum sine Injuria is a legal maxim which refers to as damages without injury or damages in which there is no infringement of any legal right which are vested with the plaintiff. Since no legal right has been infringed so no action lies in the cases of damnum sine injuria. The general principle on which this maxim is based upon is that if one exercises his common or ordinary rights, within reasonable limits, and without infringing other’s legal right; such an exercise does not give rise to an action in tort in favour of that other person. In the case of Mayor & Co. of Bradford vs. Pickles (1895) in which the corporation of Bradford filed a suit against the defendant alleging that the act of defendant by digging a well in the adjoining land owned by the defendant has cut the underground supply of water in the corporation’s well hence causing them monetary losses since there was no adequate supply of water to discharge for the people living under the jurisdiction of the corporation. It was held that the defendant is not liable since they had not violated any legal right of the plaintiff. |
