Evaluation of Mechanical Properties of Al 6061, Fly Ash Reinforced With E-Glass Fiber Composites (original) (raw)

2014, IOSR Journal of Mechanical and Civil Engineering

Kashmir Assembly, was wrongfully detained by the police while he was going to attend the Assembly session. Thus, he was deprived of his fundamental right to personal liberty and constitutional right to attend the Assembly session. The court awarded exemplary damages of Rs. Fifty thousand by way of consequential relief.An action will lie against a banker, having sufficient funds in his hands belonging to the customer, for refusing to honour his cheque, although the customer has not thereby sustained any actual loss or damage, Marzetti v. Williams Bank Damnum sine injuria Damnum sine injuria means an actual and substantial loss without infringement of any legal right. In such a case no action lies. There are many harms of which loss takes no account and mere loss of money's worth does not by itself constitute a legal damage. The essential requirement is the violation of a legal right. There are many forms of harm of which the law takes no account, 1) Loss inflicted on individual traders by competition in trade, 2) Where the damage is done by a man acting under necessity to prevent a greater evil, 3) Damage caused by defamatory statements made on a privileged occasion, 4) Where the harm is too trivial, too indefinite or too difficult of proof, 5) Where the harm done may be of such a nature that a criminal prosecution is more appropriate for example, in case of public nuisance or causing of death, 6) There is no right of action for damages for contempt of court. Gloucester Grammer School Case, Held. The defendant, a schoolmaster, set up a rival school to that of the plaintiff. Because of the competition, the plaintiff had to reduce their fees. Held, the plaintiff had no remedy for the loss suffered by them. Hanker J. said "Damnum may be absque injuria as if I have a mill and my neighbour builds another mill whereby the profits of my mill is diminished... but if a miller disturbs the water from going to my mill, or does any nuisance of the like sort, I shall have such action as the law gives." Chesmore v.Richards, The plaintiff, a mill owner was using water for over 60 years from a stream which was chiefly supplied by the percolating underground water. The defendants dug a well on their land deep enough to stop the larger volume of water going to plaintiff's stream. Held, that the plaintiff has no right of action since it was a case of damnum sine injuria. Bradford Corporation v. Pickles, In this case, the defendant was annoyed when Bradford Corporation refused to purchase his land in connection with the scheme of water supply for the inhabitants of the town. In the revenge the defendant sank a shaft over his land intentionally and intercepted the underground water which was flowing to the reservoir of the plaintiffs. Held that the plaintiffs have no cause since the defendant was exercising his lawful right although the motive was to coerce the plaintiff to buy his land. The House of Lords approved the ruling in Chesmore v. Richards. Moghul Steamship Company v. McGregor Gow &Co, A number of steamship companies acting in combination agreed to regulate the cargoes and freight charges between China and Europe. A general rebate of 5 per cent was allowed to all suppliers who shipped with the members of the combination. As a result of this action, the plaintiffs had to bring down their rates to that level which was un remunerative to them. 'Held, that there was no cause of action as the defendants had acted with lawful means to increase their trade and profits. No legal injury was caused and the case fell within the maxim damnum sine injuria. Dickson v. Renter's Telegraph Company, 'A' sent a telegram to 'B' for the shipment of certain goods. The telegraph company mistaking the registered address of 'C' for that of 'B', delivered the telegram to 'C'. 'C', acting on the telegram sent the goods to 'A' who refused to accept the goods stating that he had ordered the goods not from 'C' but from 'B'. 'C' sued the Telegraph Company for damages for the loss suffered by him. Held, that 'C' had no cause of action against the company for the company did not owe any duty of care to 'C' and no legal rights to 'C' could, therefore, be said to have been infringed. Rogers v.. Rajendera Dutt, The plaintiff owned a tug which was employed for towing the ships in charge of Government Pilots in Hoogly. The plaintiff demanded exorbitant price for towing the ship. Consequently, the Superintendent of Marine issued an order prohibiting the use of that tug in future whereby the owner was deprived of the profits. Held, that they had no legal right to have their tug employed by the Government.