S.N.D.T.

Women’s University
Law School
Introduction to Law and Legal Language
Subject:- (1) 3 Legal Concept: Legal Representative,
Writ and Judgement
(2) Salus Populi Est Suprema Lex
(3) Injuria Sine Damnum and

Class :- LLB 1st Year

Name :- Pratiksha Tripal Bhagat
ROLL NO:-4
Submitted to: Mrs.Anuradha Madam

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 Index

SR. No. Topic Page No

1 Introduction 3-4

2 Explanation Legal representatives 5-6

Writ 7-10

Judgement 10-11

Salus Populi Est 12-14

Suprema Lex

Injuria Sine Damnum 14-16

3 Conclusion 17-20

4 Webliography 21

5 Bibliography 22

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 Introduction
Legal representatives : Legal representatives defined in Civil Procedures
Code, under s.2(11), means a person who in law represents the estate of a
deceased person and includes any person who intermeddles with The estate of
the deceased and where the party sues or is prosecuted in a representative
manner by the person to whom the estate is transferred upon the death of the
party so suing or sued.
The definition is inclusive and broad in nature, not limited to legal heirs, but
rather defines a person who may or may not be the heir, who is eligible to inherit
the deceased’s estate but who must represent the deceased’s estate. This includes
all heirs and individuals holding the assets either without ownership, even as
executors even administrators of the deceased’s estate. All such persons are
covered by the expression “legal representative.” If there are many heirs, then
those in good faith are also entitled to represent the deceased’s estate, without
fraud or collusion.

Writ: Writs are a written order from the Supreme Court or High Court that
commands constitutional remedies for Indian Citizens against the violation of
their fundamental rights. Article 32 in the Indian Constitution deals with
constitutional remedies that an Indian citizen can seek from the Supreme Court
and High Court against the violation of his/her fundamental rights. The same
article gives the Supreme Court power to issue writs for the enforcement of
rights whereas the High Court has the same power under Article 226. The writs-
Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition.

Judgment: A decision by a court or other tribunal that resolves a

controversy and determines the rights and obligations of the parties.
A judgment is the final part of a court case. A valid judgment resolves all
the contested issues and terminates the lawsuit, since it is regarded as the court's
official pronouncement of the law on the action that was pending before it. It
states who wins the case and what remedies the winner is awarded. Remedies
may include money damages, injunctive relief, or both. A judgment also
signifies the end of the court's jurisdiction in the case. The Federal Rules of Civil
Procedure and most state rules of civil procedure allow appeals only from final
judgments.
A judgment must be in writing and must clearly show that all the issues
have been adjudicated. It must specifically indicate the parties for and against
whom it is given. Monetary judgments must be definite, specified with certainty,
and expressed in words rather than figures. Judgments affecting real property
must contain an explicit description of the realty so that the land can easily be
identified.
Once a court makes a judgment, it must be dated and docketed with the
court administrator's office. Prior to modern computer databases, judgments

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were entered in a docket book, in alphabetic order, so that interested outsiders
could have official notice of them. An index of judgments was prepared by the
court administrator for record keeping and notification purposes. Most courts
now record their judgments electronically and maintain computer docketing and
index information. Though the means of storing the information are different,
the basic process remains the same.
A court may amend its judgment to correct inaccuracies or ambiguities that
might cause its actual intent to be misconstrued. Omissions, erroneous
inclusions, and descriptions are correctable. However, persons who were not
parties to the action cannot be brought into the lawsuit by an amended judgment.
The Federal Rules of Civil Procedure allow a judgment to be amended by a
motion served within ten days after the judgment is entered. State rules of civil
procedure also permit amendment of a judgment.
Salus Populi Est Suprema Lex
The safety of the people is the supreme law. This well-known principle is
derived from Latin, which is known as mother or derivative point of all basic
principles of law. This maxim means that welfare of people of the land must be
supreme law of the land. This maxim shifts powers Co the legislature to legislate
any law that is required for the welfare of the people, whether it is liked by
whom for this law is made or not but the main crux is the welfare of public of
land vice versa if the law is made contrary Co this maxim it will be bad law or
will be called as un justified legislation and will automatically have less
enforcing powers.

Injuria Sine Damnum

Let's see meaning of maxim 'injuria sine damno'
1) Injuria - injury to legal right
2) sine -without
3) damnum - damages, monetary loss.
In common law, a tort is a civil wrong for which the law provides a remedy.
The origins of the modern law of torts lie in the old remedies of trespass. The
term itself comes from French law and means, literally, a „wrong‟ (avior trot =
“to be wrong” or to have wronged [somebody]”). It is a crime for which an
injured person can bring actions in court to recover damages against those who
committed them. The law of torts is of great importance because it is designed to
protect individuals and organisations, such as educational institutions, from civil
wrongs other than breach of contract

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 Explanation
Legal representatives : who is legal representative in CPC?
When we think about who can be a person qualified to become a
legal representative according to the law? In answer to the question, we can
say that any person can represent a deceased person’s estate. There is no
provision here for a legal representative to receive any of a dead person’s
property. If through the will, a person obtains any part of the estate, he may
be eligible to represent his estate as a legal representative according to law.
In the case of Andhra Bank Ltd vs. R. Srinivasan and others,
(1962 AIR 232), The supreme court held that the legal representative is a
“Person representing the estate of the deceased” in law, that the estate does
not mean the entire estate, and that even a legatee who obtains only part of
the estate of the deceased under a will can be said to represent the estate of
the deceased and is, therefore, a legal representative under S. 2 (11)
CPC.[1].
Here are the other things we must know that only the deceased’s
legal heir may be a legal representative? No, as it has a significant meaning
according to the legal representative’s interpretation of that. Not only is
there identified as a legal heir but whoever receives the deceased’s property
may become an authorized representative.
In the case of Custodian Branches of BANCO National
Ultramarino vs. Nalini Bai Naique, (AIR 1989 SC 1589), Hon’ble the
Supreme Court held that “The definition in Section 2(11) CPC is inclusive
in character and its scope is broad, not limited to solely legal heirs. Instead,
it stipulates that the deceased ‘s assets must be held by a person who may or
may not be a legal heir, entitled to inherit the deceased ‘s assets. It includes
both the heirs and the persons representing the estate, even without the title,
either as executors or as administrators in possession of the estate of the
deceased. The term ‘legal representative’ would apply to all such
persons.”[2].
In the case of Dhool Chand vs. Ganpat Lal and another, (AIR
1957 Raj 283), the Rajasthan high court held that, In order to determine
whether or not a person is a legal representative, it is not necessary to
inquire immediately whether or not the deceased person has left any estate
and to what extent. It may be the subject of a subsequent investigation to
determine the extent of the legal representative’s liability. In law, an
individual, who is the heir of a deceased, represents the estate of a deceased,
except in certain special cases, someone other than the heir may represent a
deceased person’s estate, such as administrator or executor. The sons of the
deceased judgment-debtor would, therefore, be his legal representatives,
irrespective of whether or not the deceased left any estate.[3].

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 who can be a legal representative under CPC?
As discussed above, who is a legal representative in the CPC? There
is, of course, one question that arises after that answer, who can be a legal
representative? Most of the answer is similar to the above.
Now it is true that anyone can be a legal representative and, in order
to satisfy that requirement, it is not necessary for a person to be a legal heir
to the deceased.
In some circumstances, an intermediary is involved as an agent in
court proceedings, and this type of rights is limited only to the conduct of
court proceedings. It does not confer the right of legal heirship to the
property of the deceased, nor does the decision of the court on that basis
involve res judicata.
In the case of Kalu Ram s/ o, Shri Ganga Ram Petitioner vs.
Charan Singh and another, (AIR 1994 RAJASTHAN 31), the Rajasthan
high court held that Legal representatives may also be legal persons other
than legal heirs An intermeddler with the estate of the deceased may also be
allowed to represent the estate for the purposes of proceedings pending
before the court. The decision as to who is the legal representative for the
purposes of the proceedings is necessarily limited for the purposes of the
proceedings and can not have the effect of conferring any rights. Heir to the
estate of the deceased. Neither does the decision on this issue apply to res
judicata on the question of heirship in subsequent proceedings.
Consequently, the inquiry of the right of inheritance is not a determining
factor in deciding whether or not a person is a legal representative for the
purposes of proceedings before the court. What is required to be considered
is whether the person claiming to represent the estate of the deceased has
sufficient interest in the conduct of the dispute? In the case of contending
applicants, it may also be necessary to decide which of the competing
applicants is the person entitled to represent the estate for the purposes of
the particular proceedings. Even the decision does not result in itter se right
being decided to succeed the deceased ‘s property and that right has to be
defined according to the law in independent proceedings.[4].
In the case of Suraj Mani and another vs. Kishori Lal, (AIR 1976
HIMACHAL PRADESH 74), The Himachal Pradesh High Court held that
Legatee is a legal representative-In Section 2(11) the concept of ‘legal
representative’ is very broad. It will include a person seeking to represent a
deceased person’s estate on the basis of a will said to be executed in his
favor. One such individual must sufficiently represent the estate.

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Writ: What is a writ
A writ is a written official order issued by the court. The formal
order may be in form of warrant, direction, command, order etc. Writs can
only be issued by the High Court Under Article 226 of Indian
Constitution,1950 and by The Supreme Court under Article 32 of Indian
Constitution,1950. Indian constitution has adopted the concept of
prerogative writs from English common law. Writs was first used to
describe a written command of the King. Whereas, these writs are now
available to a person aggrieved by the decision of the inferior courts or
administrative body in England.
Differentiating between writs and order it can be said that writs can
be issued to provide extraordinary remedy i.e in cases where the aggrieved
person is seeking for an extraordinary remedy usually against an
administrative action, whereas, order can in passes in any matter. There are
5 different types of writ provided under law, whereas, no such classification
for orders has been made.
Hence, all the writs can be called as order but all order can’t be
called writs, because the ambit of order is larger than writs.
Types of Writ
There are 5 types of writes specified under Indian constitution law.
Habeas corpus
Writ of habeas corpus can be issued for preserving the liberty of a
person, who is being illegally detained. It can be invoked against the state as
well as against the person within whose custody the aggrieved person is. It
came into the picture for preserving the rights and liabilities of
Writ of habeas corpus is a powerful weapon available before a
common man who has been wrongfully detained by the person or state. This
writ provides a fast and powerful remedy against illegal detention.
Case- State of Bihar v Kameshwar prasad verma
This writ is an order calling the person who was arrested or jailed the
alleged person for producing the aggrieved before the court, for knowing the
grounds of his detention and if not found any legal ground for his detention
then let the aggrieved be free from arrest and let him enjoy his freedom.
Features
There will be a total of 15 features of this writ of habeas corpus that
will be making its whole concept more clear.
Writ of habeas corpus is a process by which any person who has
been wrongfully arrested or detained may be set free from such illegal
internment.
Purpose
It is in the form of an order delivered by the High Court or Supreme
Court for calling upon the person who made the arrest of the aggrieved
person. Commanding to produce such person before the court, for hearing

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the grounds on which his arrest was made.and if there is no legal ground
observed by the court in making his arrest the person making such arrest is
ordered to release the aggrieved immediately.
Who may file an application
Application for habeas corpus can be filed by the person himself
whose detention was alleged wrongful and can also be filed any other
person ( can be a mother, father, wife, brother, sister or even friends) on his
behalf, subject to the rules constructed by different High Court in this
respect.
Mandamus
History of this writ say that it is a command, issued in the name of
the crown by the court of king’s bench to the subordinate court, inferior
tribunal, board or to any person requiring it for him to perform a public duty
imposed by law. Therefore, a writ of mandamus is a command given by
any high court or supreme court to the lower court or any tribunal or
board or to any other public authority to perform their public duty
imposed upon them by law. It’s primary objective is to supply defects of
justice and prevent rights of the citizen.
Case- State of Mysore v K.N.Chandrasekhara
In the given case high court has issued a writ of mandamus directing
the public service commission to include the names of the six petitioners in
the list prepared by the Commission under Rule 9(2) of the Rules for
appointment to the cadre of Munsiffs. In the view of the High Court the
appointment of ten candidates whose names were included in the list under
R. 9(2) as fit for promotion could not be disturbed, yet the six applicants
should be added to the list and appointments should be made out of that list.
Such direction as given by the high court to public service
commision can also be issued against any person or body corporate also to
perform their public duty.
Prohibition
Writ of prohibition is as old as common law. Initially it was used to
limit the jurisdiction of ecclesiastial by restraining them from acting without
or in excess of their jurisdiction and later it is used by common law courts.
Before the enactment of the Constitution of India, there were three
charters under which court use to exercise their power and after the
enforcement of the constitution High Court and Supreme Court exercise the
power to issue this writ. It is an extraordinary writ of preventive nature. It
prevents courts, tribunal, quasi judicial bodies and other officers from
exercising their power beyond their jurisdiction or exercising those powers
which are not vested on them.

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 Certiorari
Writ of certiorari has been defined as one of the most effective and
efficient remedies taken from common law. Certiorari means “to certify”. It
is an order issued by the High Court to an inferior court or any authority
exercising judicial or quasi-judicial functions.
The main object of this writ is to keep the inferior courts, judicial
and quasi-judicial authorities within their limits of jurisdiction and if the act
in access of their jurisdiction their decision will be quashed by the High
Court and Supreme Court by issuing a writ of certiorari.
Lord Atkin stated that writ of certiorari may be issued “wherever any
body of person having legal authority to determine questions affecting the
rights of subjects, and having the duty to act judicially, act in excess of their
legal authority.” This statement has been approved by the Supreme Court in
many cases like in Province of Bombay v Khushaldas and held the four
components of this writ that are-
1. Body of persons
2. Such body is having some legal authority
3. Legal duty for determining the question affecting the rights
of the subjects
4. Duty to act judicially

Quo Warranto
Writ of quo warranto have following features:-
Object– prevent the person from wrongfully or forcefully holding
any office or from continuing the office. By writ of quo warranto court has
the authority to ask the holder of the office that by what authority he is
holding the office.
Writ can be issued only if the office in question is a public office
and any person claiming a writ must establish this fact first. Also it needs to
be proved that the office in question is usurped without legal authority.
Therefore that lead to an enquiry that the person claimed to be usurped the
office is appointed legally or not.
Case- University of Mysore v C.D. Govind Rao
Writ Petition
A writ petition is a filing that an aggrieved party makes with an
appeals court in order to get speedy review his case which was already tried
by an inferior court.
A writ petition is a plea before any higher court for extraordinary
review. Person seeking writ petition requests the court to intervene in the
decisions of inferior courts.
A writ petition can be filed by any aggrieved person whose
Fundamental Rights are violated under article 226 before the High Court or
under Article 32 before the Supreme Court. Writ jurisdiction of the High

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Court is wider than that of the Supreme Court as it extent to grant remedies
in case of violation of any other constitutional or legal right also. Writ
petition can also be directly filed to the High Court without approaching the
lower court first.
Who can file a writ petition
Any person whose Fundamental Rights or any other legal or
constitutional rights have been Violated by the order of inferior court.

Judgment:
A decision by a court or other tribunal that resolves a controversy
and determines the rights and obligations of the parties.
A judgment is the final part of a court case. A valid judgment
resolves all the contested issues and terminates the lawsuit, since it is
regarded as the court's official pronouncement of the law on the action that
was pending before it. It states who wins the case and what remedies the
winner is awarded. Remedies may include money damages, injunctive
relief, or both. A judgment also signifies the end of the court's jurisdiction in
the case. The Federal Rules of Civil Procedure and most state rules of civil
procedure allow appeals only from final judgments.
A judgment must be in writing and must clearly show that all the
issues have been adjudicated. It must specifically indicate the parties for and
against whom it is given. Monetary judgments must be definite, specified
with certainty, and expressed in words rather than figures. Judgments
affecting real property must contain an explicit description of the realty so
that the land can easily be identified.
Once a court makes a judgment, it must be dated and docketed with
the court administrator's office. Prior to modern computer databases,
judgments were entered in a docket book, in alphabetic order, so that
interested outsiders could have official notice of them. An index of
judgments was prepared by the court administrator for record keeping and
notification purposes. Most courts now record their judgments electronically
and maintain computer docketing and index information. Though the means
of storing the information are different, the basic process remains the same.
A court may amend its judgment to correct inaccuracies or
ambiguities that might cause its actual intent to be misconstrued. Omissions,
erroneous inclusions, and descriptions are correctable. However, persons
who were not parties to the action cannot be brought into the lawsuit by an
amended judgment. The Federal Rules of Civil Procedure allow a judgment
to be amended by a motion served within ten days after the judgment is
entered. State rules of civil procedure also permit amendment of a judgment.
Different types of judgments are made, based on the process the
court uses to make the final decision. A judgment on the merits is a decision
arrived at after the facts have been presented and the court has reached a
final determination of which party is correct. For example, in a Negligence

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lawsuit that is tried to a jury, the final decision will result in a judgment on
the merits.
A judgment based solely on a procedural error is a dismissal Without
Prejudice and generally will not be considered a judgment on the merits. A
party whose case is dismissed without prejudice can bring the suit again as
long as the procedural errors are corrected. A party that receives a judgment
on the merits is barred from relitigating the same issue by the doctrine of
Res Judicata. This doctrine establishes the principle that an issue that is
judicially decided is decided once and for all.
A Summary Judgment may occur very early in the process of a
lawsuit. Under Rule 56 of the Federal Rules of Civil Procedure and
analogous state rules, any party may make a motion for a summary
judgment on a claim, counterclaim, or cross-claim when he or she believes
that there is no genuine issue of material fact and that he or she is entitled to
prevail as a Matter of Law. A motion for summary judgment can be directed
toward the entire claim or defense or toward any portion of the claim or
defense. A court determines whether to grant summary judgment.
A Judgment Notwithstanding the Verdict is a judgment in favor of
one party despite a verdict in favor of the opposing litigant. A court may
enter a judgment notwithstanding the verdict, thereby overruling the jury
verdict, if the court believes there was insufficient evidence to justify the
jury's decision.
A consent judgment, or agreed judgment, is a final decision that is
entered on agreement of the litigants. It is examined and evaluated by the
court, and, if sanctioned by the court, is ordered to be recorded as a binding
judgment. Consent judgments are generally rendered in domestic relations
cases after the Husband and Wife agree to a property and support settlement
in a Divorce.
A default judgment results from the named defendant's failure to
appear in court or from one party's failure to take appropriate procedural
steps. It is entered upon the failure of the party to appear or to plead at an
appropriate time. Before a default judgment is entered, the defendant must
be properly served notice of the pending action. The failure to appear or
answer is considered an admission of the truth of the opposing party's
Pleading, which forms the basis for a default judgment.
A deficiency judgment involves a creditor and a debtor. Upon a
debtor's failure to pay his or her obligations, a deficiency judgment is
rendered in favor of the creditor for the difference between the amount of
the indebtedness and the sum derived from a Judicial Sale of the debtor's
property held in order to repay the debt.

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 Salus Populi Est Suprema Lex
Historical Background of Maxim: Marcus Tullius Cicero (Roman Poet) roman
orator, writer and politician, consul in 63 BC During his consulate, Cicero
exposed an attempted coup d’etat led by Catalina and had the conspirators (except
Catalina himself) executed. Charged with having carried out the execution without
a legal sentence, he was exiled in 58 BC. He was recalled only a year later, but
turned his bank on politics and applied himself to literally work instead. After
Caesar's murder, Cicero returned to politics and hoping to restore the Republic,
held a series of speeches in the Senate that fiercely attacked Mare Anthony. This
proved to be fatal: during the proscriptions of the second Triumvirate, Marc
Anthony had Cicero murdered. A lot of Cicero's extensive writing has been
preserved, such as speeches, philosophic documents and personal letters and his
writing is regarded as having been normative for the Latin language.
Kind of Welfare: Welfare can be of any type like welfare in form of medical
facilities provided to the people of the state. Or security of their lives, providing
food or some special welfare as required by the particular time period for which
that law is made.
Welfare is Subjected to The Circumstances Prevailing At That Time: If some
special taxation is imposed keeping in view the current position of the state that
will be justifiable, keeping the element of necessity under consideration like in
tine of wars special taxation can be imposed to collect revenue for the sake of the
defence of people from the state enemies. It will become unjust if it remains
applicable after the end of the war. So the element principle of necessity has some
connection to this principle.
Explanation: This phrase is based on implied agreement of every member of
society that his own individual welfare shall, in case of necessity, to the
community; and that his property, his liberty, and life shall, under certain
circumstances, we placed in jeopardy or even sacrifices for the sake of public
good (welfare). There are said Buller, .1. "many cases in which individuals sustain
an injury for which the law gives no action; where private house are pulled down
or bulwarks are raised on private property for the defense of the kingdom against
the kingdom's enemy. Likewise, at the time of war, the monarch of the kingdom
without making any compensation take compensation take possession of any
man's land for the purpose, such as making of trenches connected with the
military operations."

The Concept
Salus populi est suprema lex translates to “Let the good of the people be the
supreme law.”1 It finds its origin as early as 100 BC – 1AD in the book De
Legibus written by Cicero the renowned philosopher, politician, and lawyer. It
was also used by eminent personalities in politico-legal history such as John
Locke and Francis Bacon. Too, the concept serves as the foundation of Philippine

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law including all the Constitutions we have had and their corresponding
amendments, representative of the needs of the people in times past. Simply put,
this principle places the welfare of the many above the welfare of the few. The
will of the individual must yield to the needs of the society, even if his life,
liberty, or property is put in jeopardy. It follows therefore, that no law and no
officer of the people, elected or appointed, is above the will of the people. Not
even the constitution. Rather, it is a manifestation of the will of the people as
affirmed by Justice Malcom: “The written instrument enacted by the direct action
of the people…”
The will of the people is ultimately represented by the government we vote into
office to run our country, to represent our interests. Of these people, the
commander-in-chief is the President. It may be said that he is the ultimate
representative of the people, the representative of the will and welfare of the
people.
The Problem
“The welfare of the people is the supreme law.” However, who dictates what
constitutes this welfare? Who drops the gavel and adjudges an act good for the
community and by what standards?
Change has indeed come. The country has been on a political frenzy since
President Duterte assumed office, if not even before he officially announced his
candidacy. No issue beyond challenge, no norm or custom above critique. Amidst
the rampant online campaigns and rallies of the pros and antis, one fact remains:
the vocal majority reigns. Any anti-Duterte sentiment posted on any social media
platform is met with overwhelmingly rabid accusations of treason, ignorance, and
unwillingness to accept the new order, eerily similar to the problems faced by the
opposition in 1933 Germany. There is next to no space for pacific and properly
informed political discourse. Yet the seemingly incredulous opposition by the
majority of what was thought to be long-settled political issues, such as the right
to due process, is more and more being adopted as the societal standard.
The people decide what the greater good is. The people define welfare. The
people are the final arbiters through public opinion and sentiment of what is right
and wrong. It would seem therefore, that the good this country needs is more
killing without due process, more sexism and social class profiling, less discourse
and more bullying, more death and less reformation. This is the only logical
conclusion that may be drawn from the aforementioned facts. The stance of our
government is clearly defined with the laws passed, statements made, and the
political activity well documented. On the flip side, the people agree with the
government with an 83% approval rating.
Enough debate has been forged regarding our enigmatic president and his
controversial policies. Not enough debate on why do we, the people, so readily
acquiesce to such radical reform promoted by this administration. It has been
blamed on administration after administration of incompetent leaders. It has been
reasoned that the people are sick of inaction and stagnation in social reform and
state-wide progress. So why are we clamoring for change that will run our country

13
deeper into the ground rather than change that will pull us out of it? Where does it
end? Where does the continued disregard of established norms and principles of
natural law and statutory law, in the name of collective will, end?

INJURIA SINE DAMNUM

INJURIA SINE DAMNUM: - if the plaintiff suffers injury to his legal right,
he will have a cause of action to sue the defendant even though he has not
suffered any loss or damage. The term 'injuria' means infringement or violation
of a legal right. The term 'sine' means without or in the absence of. The term
'damnum' means damage physical, mental or otherwise. Thus, the above phrase '
Injuria sine damno' means '' infringement of legal rig ht without damage''. In
other words, plaintiff's legal right is affected, but he has not suffered any loss or
damage. In such a case, the suit is maintainable eve n though the plaintiff suffers
no damage.
INJURIA SINE DAMNUM means an infringement of a legal private right
without any actual loss or damage. In such a case the person whose right has
been infringed has a good cause of action. It is not necessary for him to prove
any special damage because every injury imports damage when a man is
hindered of his right. Every person has an absolute right to property to the
immunity of his person and to his liberty and an infringement of this right is
actionable per se. Actual perceptible damage is not therefore essential as the
foundation of an action. It is sufficient to show the violation of a right in which
case the law will presume damage. Thus in cases of assault, battery, false
imprisonment, libel, trespass on land, etc, the mere wrongful act is actionable
without proof of special damage. The court is bound to award to the plaintiff at
least nominal damages if no actual damage is proved. This principle was firmly
established by the election case of Ashby v. White, in which the plaintiff was
wrongfully prevented from exercising his vote by the defendants, returning
officers in parliamentary election. The candidate from whom the plaintiff wanted
to give his vote had come out successful in the election. Still the plaintiff
brought an action claiming damages against the defendants for maliciously
preventing him from exercising his statutory right of voting in that election. The
plaintiff was allowed damages by Lord Holt saying that there was the
infringement of a legal right vested in the plaintiff.
Damnum Sine Injuria
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. Damages can
be in any form either in the form of any substantial harm or loss suffered from
respect to the money, comfort, health, etc.

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 It is an implied principle in law that there are no remedies for any moral
wrongs, unless and until any legal right has been infringed. Even if the act or
omission such done by the defendant was intentional, the Court will not grant
any damages to the plaintiff. As was cited 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.
In another case of Gloucester Grammar School (1410) in which a
schoolmaster, set-up a rival school to that of the plaintiff and since because of
the competition the plaintiff had to reduce their fees from 40 pence to 12 pence
per quarter. Thus claimed for compensation from the defendants for the losses
suffered. It was held that the plaintiff had no remedy for the losses suffered,
since the act though morally wrong has not violated any legal right of the
plaintiff.
The court presumes in cases where the legal right has been infringed that
damages have to be awarded, but in cases where no legal right has been
infringed, the maxim Damnum sine Injuria applies & no remedies are available
for the same. So, it can be rightly said that an act which is lawfully or legally
done, without negligence, & in the exercise of a legal right, such damages as
comes to another thereby is damage without injury.

Injuria Sine Damno

Injuria sine damno is a violation of a legal right without causing any harm,
loss or damage to the plaintiff and whenever any legal right is infringed, the
person in whom the right is vested is entitled to bring an action. Every person
has an absolute right to his property, to the immunity of his person, and to his
liberty & infringement of this right is actionable per se. A person against whom
the legal right has been infringed has a cause of action such that even a violation
of any legal right knowingly brings the cause of action. The law even gives the
liberty that if a person merely has a threat of infringement of a legal right even
without the injury being completed, the person whose right has been threatened
can bring a suit under the provisions of Specific Relief Act under Declaration
and injunction.
For Example:- If a person is wrongfully detained against his will, he will
have a claim for substantial damages for wrongful imprisonment even if no
consequential loss was suffered pon the detention.
As was cited in the case of Ashby Vs. White (1703) wherein the plaintiff was
a qualified voter at the parliamentary elections which were held at that point of
time. The defendant, a returning officer wrongfully refused to take the plaintiff’s

15
vote. The plaintiff suffered no damage since the candidate which he wished to
vote already won the elections but still, the defendants were held liable. It was
concluded that damage is not merely pecuniary but injury imports a damage, so
when a man is hindered of his rights he is entitled to remedies.
Injuria sine Damno is even applicable in the cases of trespass as was
observed in the case of Sain Das Vs. Ujagar Singh (1940) that nominal damages
are usually awarded and the principle of injuria sine damno is applicable to an
immovable property when there has been an unjustifiable intrusion on the
property in possession of another. It was also concluded that the rule cannot be
extended to every case of attachment of property irrespective of the
circumstances.
So in total, the maxim Injuria Sine Damno refers to the remedies which are
provided in the form of damages or compensation in violation of any legal right
such that if the legal right is violated then action lies even if there is no harm to
another. In other words, it is an infringement of a right where no loss is suffered
but it creates a cause of action.
Difference between Damnum Sine Injuria & Injuria Sine Damnum

S.No Damnum Sine Injuria Injuria sine Damnum

Damnum sine Injuria refers to the
damages suffered by the plaintiff but Injuria Sine damnum is the legal injury
1. no damage is being caused to the caused to the plaintiff without any
legal rights as there is no violation of damage to the physical injury.
it
It is an infringement of a legal right
It is the losses suffered without the
where even if no loss has been suffered
2. infringement of any legal right hence
by the plaintiff still creates an
creating no cause of action.
actionable cause of action.
No compensation in the form of Compensation in the form of damages is
3.
damages is awarded by the court. awarded by the court.
This maxim is for the moral wrongs This maxim is for the legal wrongs
4. which have no action in the eyes of which are actionable if the person’s
the law. legal right has been violated.
The principle of this maxim is that a
The principle of this maxim is that
person exercises in such a manner
whenever there is an invasion of a legal
within reasonable limits which does
5. right there creates a cause of action and
not ground action in tort merely
the person whose right is vested is
because it causes damages to other
entitled to bring an action.
people
In this, the plaintiff suffers legal injury
In this, the plaintiff suffers a loss but
6. doesn’t matter they have suffered any
has suffered no legal injury.
loss on that account.
Damages without injury are not This is actionable since there is a
7.
actionable violation of a legal right.

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 Conclusion & Suggestion
Legal representatives : A person in possession of a person’s estate
which intermingles with a deceased’s estate is a legal representative even if they
are not the deceased ‘s legal heirs. It is clear from S.2 (11) that the definition of
the word “legal representative” is broad and comprehensive and covers two
separate categories. Firstly, heirs or persons; who by statute hold the deceased ‘s
wealth. At the same time, however, with them and in the class itself, there is every
person who intertwines with the estate of the deceased. Such a person is also a
legal representative.
Writ : he first and foremost goal of the Preamble of the Constitution is to
secure social, economic and political justice to all its citizens. Preamble of the
constitutionIt is the guiding principle of the nation as it sets out the main aims
which legislature intended to achieve. The social changes which were
contemplated by the makers of the Constitution, in the Constitution was sought to
be achieved through the exercise of fundamental rights by the individuals and by
following the direction of the policy by the state towards the goals set up in the
Chapter IV of the Constitution i.e. specifies directive principles of state policy.
For effective working of these principles and goals in real life and to
prevent misuse of these rights and liberties the judiciary was constituted in the
Constitution.It is a trite saying and a latin maxim ubi jus ibi remedium which
means that wherever there is wrong committed law provides remedy for the same.
Therefore, judiciary was constituted to satisfy this principle well and when a
remedy is given for infringement of any right then that will make the right more
effective.
To facilitate access to justice, the judiciary relaxed the rule of locus standi
in favour of a person acting bonafide and having sufficient interest in the
proceedings of Public Interest Litigation (here in after referred as PIL). Supreme
court have entertained petitions filed by law students, law teachers, NGOs, public-
spirited individuals and good Samaritans. for protection of the rights of an
individual.
Furthermore, the Supreme Court and the High Court have admitted the
letters, postcards, telegrams, and even newspaper items as writ petitions under
Article 32 and 226 respectively of Indian Constitution. These petitions provide

17
extraordinary judicial relief to the person whose rights are being infringed by any
judicial or quasi- judicial order. PIL has an important role to play in the justice
system; it affords a ladder to justice to the disadvantaged sections of the society,
some of which might not even be well-informed about their rights.
Constitution law itself states that law is a supreme body and no one can be
above the law. Even the judges of the supreme court are bound by the decision
given by them in accordance with the law. And the constitution remedies provided
under the law acts as a check and balance for the whole system. Thus, the writ
jurisdictions act as judicial restraints of policy decisions which are unreasonable,
unfair and against the public interest.
Power to issue writ, though is discretionary yet unbounded in its limits and
such discretion can be exercised only on sound legal principles. Absence of
arbitrary power is the first essential for the principle of rule of law upon which the
whole constitutional system is based.
Judgment
The method of arriving at a conclusion is the most important part of
judgment writing. The process by which the conclusion is arrived, and the
statement in the judgment of that process, tests a Judge of his ability and integrity.
It may either be by syllogistic process, inferential process or intuitive process.
‗Syllogism‘ means, a deductive scheme of a formal argument consisting of a
major and a minor premise and a conclusion. In syllogistic process the Judge
adopts a deductive process in which he accepts an argument on a major premise,
which over weighs the minor premise to draw his own conclusion. In case of
inferential process the Judge relies upon the evidence and reaches to a conclusion.
In the intuitive process, the Judge adopts psychological process by which the
conclusion is arrived at more by intuition rather than reasons3. In such a method
the Judge may believe a witness in part or whole and then draw the conclusion by
justifying it from the reasoning supplied by him either by belief or experience. In
both the methods, in case what is being done is to arrive at a truth, the method
may be justified.

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 Salus populi est suprema lex
Salus populi est suprema lex does not have a virtual end. It is an inherent
plenary power of the people and as such it enjoys boundless application. Or so
thought Nazi Germany.
Just like vested and statutory rights, which end where other’s rights begin,
the will of the people must yield to Jus Gentium, the Law of Nations.9 Rafael
Domingo stated “Every age has its law.”10 This is established by historical and
widespread application in response to both the unique and common conditions
faced by the global community of that age. Cicero, the proponent of salus populi
est suprema lex is also the proponent of jus gentium, even though the latter
concept received much less attention in his various works. He stated: “…because
of the degradation of social mores, certain things not forbidden by customs,
statutes, or civil law are nonetheless punishable under the law of nature.” This is
the limit. If the concept of Salus populi was intended for unrestricted application,
it would legitimize every fascist regime in history. It would justify extremists
ridding the world of non-believers; it would justify radical leaders disregarding
established mores in statutory law.
Justice Oliver Wendell Holmes stated, “The life of the law has not been
logic: it has been experience.”11 Experience throughout countless years of war,
strife, and social change. The law has molded into what it is on the global scale
because our predecessors fought each other to find that golden mean between
right and wrong. Universal acceptance of social mores is not baseless. This is why
there are so many common threads that link fundamental laws of different nations.
Ignoring the time-tested and universally-accepted principles of law does not make
us revolutionary, it makes us fools. Reverting to summary execution puts us back
thousands of years to 117 AD in Rome. Accepting the chauvinistic objectification
of women leaders spits on the rich historical development of women’s rights.
Disregarding the separation of powers and the blessings of democracy overlooks
the hardships of our forefathers in obtaining true independence from foreign and
local dominion.
We want change, yet we are revisiting the wrong side of the coin. We are
regressing, not progressing. Jus Gentium tells us this. Salus populi est suprema lex
is ominously becoming this nation’s ride back into the dark ages where the law is

19
what a few men dictate it to be. Sadly, there is no means of reversing this, given
the toothless enforcement of international law. Our hope lies in those who are
keen enough to hear what jus gentium is saying, to re-evaluate the direction our
nation has taken, and to steer us back on the track of true social progress with
justice at the helm. Only then can salus populi be the deliverance of this country
once more.

INJURIA SINE DAMNUM

To conclude, law of tort is a branch of law which resembles most of the
other branches in certain aspects, but is essentially different from them in other
respects. Although there are differences in opinion among the different jurists
regarding the liability in torts, the law has been developed and has made roots in
the legal showground. There are defined elements and conditions of liability in
tort law. This brough of law enables the citizens of a state to claim redress for the
minor or major damage cause to them. Thus the law has gained much confidence
among the laymen.
In cases of injuria sine damnum, i.e., the infringement of an absolute private
right without any actual loss or damage, the person whose right is infringed has a
cause of action. Every person has an absolute right to his property, to the
immunity of his person, and to his liberty, and an infringement of this right is
actionable perse. In India, the same principles have been followed. The Privy
Council has observed that “there may be, where a right is interfered with, injuria
sine damnum. sufficient to found an action: but no action can be maintained
where there is neither damnum nor injuria.

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Webliography
• www.wikipedia.org
• https://www.jstor.org/stable/4503991?read-
now=1&seq=7#page_scan_tab_contents
• https://iaskracker.com/types-of-writs-and-scope/
• https://www.jstor.org/stable/1090446?readnow=1&refreqid=excelsior%3Ad324
9f1934ff20b1d55137301c9382b5&seq=1#page_scan_tab_contents
• https://www.constitution.org/writ/writ_def.htm
• http://www.legalservicesindia.com/article/1885/Constitutional-philosophy-of-
Writs:-A-detailed-analysis.html
• https://shodhganga.inflibnet.ac.in/bitstream/10603/141322/17/q.%20conclusion
%20and%20suggesions.pdf
• http://www.legalservicesindia.com/article/2146/Role-of-Writs-In-
Administrative-Law.html
• https://lawblog4u.in/legal-representative-under-cpc/
• https://legal-dictionary.thefreedictionary.com
• www.indiankanoon.com
• www.lexisnexis.com
• www.manupatrafast.com
• www.uniset.ca

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Biblography
• Constitution of India- V.N. Shukla

• Criminal Major Act- P. R. Chande

• D.D. Basu, The Shorter Constitution of India (Wadwa & Company Nagpur 2006).
• Durga Das Basu, Indian Constitutional Law, 3rd edition, Kamala Law House,
2011
• Mukund Prakashan's Women and Children Acts | Kayde Striya v Mulanche
By Adv. Vijay Joshi, Adv. R. R. Tipnis

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