Injuria Sine Damno
Injuria means violation of legal right
Sine means without or in absence of
Damnum means
damage or loss physical or mental
It means violation of a legal right
without causing any harm, loss or damage to the plaintiff. There are two kinds
of torts: firstly those torts which are actionable per se, i.e. actionable
without the proof of any damage or loss. For instance, trespass to land, is
actionable even though no damage has been caused as a result of the trespass.
Secondly, the torts which are actionable
only on the proof of some damage caused by an act. For successful actions the
only thing which has to be proved is that the plaintiff’s legal right has been
violated, i.e. there is injuria.
Case Laws on Injuria Sine Damnum
Ashby
vs White 1703 -In this case the defendant, a reputed
officer in a parliamentary election, wrongfully refused to take the vote of
plaintiff, although the plaintiff did not suffer any loss by this refusal
because the candidate for whom he wanted to vote won in spite of that. Holt,
C.J said, - “every injuria imports damage though it does not cost the party one
farthing”. So the defendant was held liable to pay damages to plaintiff. Bhim
Singh vs State of J K AIR 1986 - Plaintiff was an MLA and was wrongfully
arrested while going to assembly session. He was not produced before a
magistrate within the requisite period.
It was held that this was the violation of his fundamental rights. Even
though he was release later, he was awarded 50,000RS as exemplary damages by
SC.
Municipal Board of Agra v Ashrafi Lal (1921)
44 ALL 202. The defendant’s name was wrongly
omitted from the electoral roll and he
was deprived of his right to vote. The lower court ruled in favor of defendant
which was affirmed by High Court holding that the act of omission / refusal of
returning officer is an infringement of defendant’s legal right to vote for
which action lies against the person depriving him his right.
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