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2008 Supreme(Gau) 410

I.A.ANSARI
Khiradabala Nath – Appellant
Versus
Assam State Electricity Board – Respondent


JUDGMENT

I.A. Ansari, J.

1. All these writ petitions, having raised common questions of law, were heard analogously and are being disposed of by this common, judgment and order.

2. Whether compensation, arising out of tortious act of the employees or functionaries of the State or its instrumentality, can be made available to a victim by invoking High Court's jurisdiction under Article 226 of the Constitution of India, which is essentially a 'public law' remedy and, ordinarily, not available in the domain of 'private law'? If so, when can such an exercise of power, under Article 226 of the Constitution, would be possible or subject to what conditions, such exercise of power, under Article 226 of the Constitution, is possible? What is the rule of 'strict liability'? How does 'strict liability' differ from tortious liability, ordinarily, arising out of neglect, fault or wrongful act ? All these questions have arisen out of applications, made under Article 226, seeking compensation for the death of, or injuries caused to, persons in the accidents arising out of 'electrocution'. The facts of each case and merit thereof would be discussed at an appropriate stage of this judgement and order.










































































































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