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1. S was owner of 300 sq. yds. of land in an approved residential colony.

MCD approved
building plan for 2!12 storey building on that land. S, in violation of sanction,
constructed 31h storey and on the top of it also constructed a 5,000 litre water storage
tank. MCD demolished one storey constructed beyond sanction resulting in the
demolition of water tank also. S claims ·damages from MCD pleading malice. Decide
giving reasons. Case: Town Area Committee v. Prabhu Dayal, 1957
2. As a part of grow more food campaign, a dam was constructed for irrigation across a
river. Provision was made for release of excess water through sluice. Due to
exceptionally heavy rainfall sluice proved inadequate and extra opening was made
resulting in flooding the agricultural land of X. X suffered a severe loss of agricultural
production. Can X recover damages for the loss? Decide. Jay Laxmi Salt Works (P)
Ltd. v. State of Gujarat, 1994
3. A horse, who was left unattended on a highway by its owner, bolts causing risk of grave
injury to people. A spectator rushes to stop it, and is in the process gets injured. Can he
recover damages from the owner? Would it make any difference to your answer if
spectator was a police official on duty? Rescue Case, Haynes v. Harwood, 1935
4. A’, a barber was running a Saloon. ‘B’, a wealthy person was one of his customers. ‘A’
and ‘B’ quarrelled for some reason. ‘B’, with a malicious intention, to cause loss to ‘A’,
employed some barbers and opened a saloon just opposite to ‘A”s saloon and charges
for less. Consequently, ‘A’ lost his customers and suffered heavy loss. Can ‘A’ recover
damages from ‘B’? Damnum sine injuria
5. ‘X’, a banker refuses to honour customer’s cheque having sufficient funds in his hands
belonging to the customer. Customer intends to file a suit against the banker, will he
succeed? Yes
6. Plaintiff, the owner of a coal mines, brought an action against defendant, a Miner’s
Union, for inducing its workmen to make them to take certain holidays, for keep up the
price of coal, by that plaintiff suffered loss, whether the defendant’s are liable? Yes,
Relevancy of mental element, South Wales Miners Federation v. Glamorgan Coal Co.
1905
7. The plaintiff’s and the defendant’s dogs were fighting. The defendant was beating them
in order to separate them, the plaintiff was looking on. The defendant accidently hit the
plaintiff in the eye causing him a severe injury. The plaintiff brings an action against
the defendant can he succeed? Accident, Brown v. Kendall, 1850
8. ‘A’ has given some amount and cheque to his friend, Who was an employee of the bank
for depositing in the A’s amount. But the friend, instead of depositing in the A’s
amount, misappropriated it. Is the bank liable? No, Course of Employment, State Bank
of India v. Shyama Devi, 1978
9. A circus lion escapes and injures some spectators. Discuss the liability of the manager
of the circus for the injury caused. Strict Liability
10. The plaintiff resided in a house next to a roman Catholic Church, of which the defendant
was the priest and the Church bell was being rung at all hours of the day and night. The
plaintiff filed a suit for nuisance. Decide. Soltau v. De Held, 1851, Noise Pollution (V),
In re, 2005
11. A famous biscuit company published a picture in a newspaper showing one famous
Cricket Player Sachin eating their biscuit. Advise him about his legal remedies.
Defamation, Innuendo, Tolley v. J.S. Fry & Sons, Ltd, 1931
12. While the driver was taking petrol at the petrol pump, two strangers took a lift in a jeep.
Suddenly, the front-wheel failed and the Jeep becomes uncontrolled, both the strangers
were thrown away, one of them instantly died and another was injured. Discuss the
liability of defendant. Padmavati v. Dugganaika, Accident case, VNFI
13. A photographer was taking a photo in a horse show unfortunately he fell into horse
course and was injured by the galloping of a horse. Liability of Defendant,VNFI
14. The plaintiff was hit by a train in the tunnel of the defendant railway company. The
railway company had given instructions to all the drivers of its trains that they have to
blow the whistle at the entrance of the tunnel and they should also slow the speed of
the train but the driver did not follow these instructions and negligently drove it inside
the tunnel, as a result of which the plaintiff was injured.

The defendant had taken the defence of volenti non fit injuria. Will he get damages?

1. The plaintiff had a tumour on her breasts and therefore she went to the hospital to have
it removed. While operating her the doctor also removed the uterus even though it had
nothing to do with the tumour. Liability of Defendant. Ravindra Padmanabhan (Dr.) v.
Lakshmi Rajan and anr.)

2. The defendant and plaintiff had some disputes between them and the defendant,
therefore, ordered his servant to place rubbish across a pathway to prevent the plaintiff
from proceeding on that way and the servant took all care to ensure that no part of it
was touching the part of the plaintiff’s property but with the passage of some time. The
rubbish slid down and touched the walls of the plaintiff and thus he sued for trespass.
The defendant will be liable? (Gregory v. Piper(1829))

15. a porter of a railway company while working mistakenly believed that the plaintiff was
in the wrong carriage even though he was in the right one. The porter thus pulled the
plaintiff as a result of which the plaintiff sustained injuries. Liability of the Co. if any.
Yes, vicariously liable
3. The husband of the petitioner went to a bank and while entering inside it, the cash box
of the bank was also being carried inside and as a result, the security guard in a haste
shot him and caused his death. The petitioner had claimed that the bank was vicariously
liable in the case because the security guard had done such act in the course of
employment but the bank had contended that it had not authorized the guard to shoot.
Discuss the liability of Bank, Anita Bhandari & ors. UOI)

16. The driver of the defendant company, willfully and against the express orders not to get
involved in racing or to obstruct other omnibuses, had driven to obstruct the omnibus
of the plaintiff. Liability of master if any? Limpus v. London General Omnibus Co.
(1862))
17. The plaintiff was a widow who owned 1000 pounds as dues on a mortgage and a
cottage. She went to the manager of the defendant, which was a firm of solicitors, and
she asked for his advice to get richer. The manager told her to sell her cottage and to
call up the amount of mortgage. She authorized the manager to sell the property and to
collect her money but he absconded with the money. Thus, she sued the defendant
company. Co. will be liable or not. Yes.

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