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PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.
FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.
  • a)
    A will be entitled to damages
  • b)
    A will not be entitled to damages
  • c)
    A will be entitled to only nominal damages
  • d)
    A will be entitled to exemplary damages
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
PRINCIPLE: Damages are the money recompense, as far as money can do, f...
Injuria sine damnum means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc. Therefore, plaintiff will compensated if his legal rights are violated even though there is no actual damage/loss is suffered.This maxim has been explained in the above mentioned case as Ms A's right was violated.
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PRINCIPLE: Damages are the money recompense, as far as money can do, f...
List and he had all the necessary documents to prove his identity. A filed a complaint against the returning officer for violating his right to vote.

ISSUE: What damages can A claim for the violation of his right to vote?

The principle states that damages are the monetary compensation for the violation of a right. In this case, A's right to vote was violated by the returning officer.

A potential claim for damages could include:

1. Actual damages: A can claim compensation for any actual losses suffered as a result of not being able to vote. This could include any expenses incurred in trying to rectify the situation, such as transportation costs to the polling booth or legal fees for filing a complaint.

2. Emotional distress damages: A may also be able to claim damages for any emotional distress caused by the violation of his right to vote. This could include feelings of frustration, anger, or disappointment resulting from not being able to exercise his democratic right.

3. Punitive damages: In certain cases, punitive damages may be awarded to deter similar behavior in the future. If it can be proven that the returning officer intentionally violated A's right to vote or acted in a particularly egregious manner, punitive damages may be appropriate.

It is important to note that the amount of damages awarded will depend on the specific circumstances of the case, including the severity of the violation and the impact it had on A. A may need to provide evidence of his right to vote, such as his voter registration card or other identification documents, in order to support his claim for damages.

Overall, A can claim damages for the violation of his right to vote, including compensation for actual losses, emotional distress, and potentially punitive damages.
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PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.a)A will be entitled to damagesb)A will not be entitled to damagesc)A will be entitled to only nominal damagesd)A will be entitled to exemplary damagesCorrect answer is option 'A'. Can you explain this answer?
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PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.a)A will be entitled to damagesb)A will not be entitled to damagesc)A will be entitled to only nominal damagesd)A will be entitled to exemplary damagesCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.a)A will be entitled to damagesb)A will not be entitled to damagesc)A will be entitled to only nominal damagesd)A will be entitled to exemplary damagesCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.a)A will be entitled to damagesb)A will not be entitled to damagesc)A will be entitled to only nominal damagesd)A will be entitled to exemplary damagesCorrect answer is option 'A'. Can you explain this answer?.
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