Weakness Of Civil Law

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INTRODUCTION Civil Law jurisdiction is encoded in the Civil Procedure Code, 1908. History of the Civil Procedure Code Before 1859, there was no uniform Code of Civil Procedure. There were different systems of civil procedure in different parts of the country. The first uniform Code of Civil Procedure was enacted in 1859. But, that code was also not made applicable to the Supreme Courts in the Presidency Towns and to the Presidency Small Cause Courts. Some amendments were made therein and the code was applied to the whole of British India, but there were many defects in it, and therefore, a new Code was enacted in 1877. Again, another Code was enacted in 1882, which was also amended from time to time. In 1908, the present Code of Civil Procedure…show more content…
N. Subbiah Chaudhry, AIR 1957 SC 540: 1957 SCR 488). Types of Remedies available Damages- Damages in general refer to the compensation offered to the plaintiff for an injury caused to him by the defendant. Damages is the most important remedy which the plaintiff can avail of after the tort is committed. There are various kinds of damages, which include:- i) Nominal Damages- Ordinarily, damages are equivalent to the harm suffered by the plaintiff. However, when there has been an infringement of the plaintiff’s legal right, but he has suffered no loss thereby (injuria sine damno), the law awards him with nominal damages in recognition of his right. In such cases, the amount provided may be stipulated to be very very less, but it signifies that a wrong was committed against the plaintiff by the defendant. ii) Contemptuous Damages- In case of contemptuous damages, a very trifling amount is awarded to the plaintiff because the court forms a very low opinion of the plaintiff’s claim and is of the opinion that, although the plaintiff has suffered great loss, yet he does not deserve to be fully compensated. For instance, in a case of battery, if the court finds out that the battery committed by the defendant on the plaintiff was due to an offensive remark by the plaintiff, the court may decide the case in favour of the plaintiff and award contemptuous damages to the…show more content…
Sumitra Bai , the defendant lured the plaintiff girl to have sexual relations with him under the garb of promise to marry her. After the girl became pregnant, he refused to marry the girl. The plaintiff was held entitled to substantial damages on account of physical pain, indignity, chances of marriage becoming dim and social stigma. It was also held that mere acquittal of the boy and others in criminal case do not bar an action under law of torts. In Rehana v. Ahmedabad Municipality Transport Service , the plaintiff, who had been injured was a girl of about 16 years. The accident resulted in permanent incapacity in the forn of limp in one of her legs. She was awarded Rs. 10,000 under the head of personal suffering due to this incapacity. Apart from that, the amount spent for medical expenses and compensation for the loss in the enjoyment of life by not being able to participate in sports and household work were allowed. Consideration was also shown for her diminished prospects of marriage due to this

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