REGENT COMPUTRONICS PVT. LTD.

KHIRADABALA NATH Appellant

V/S

ASSAM STATE ELECTRICITY BOARD Respondents

Referred Judgements :-

RYLANDS VS. FLETCHER [REFERRED TO]
QUEBEC RLY.,LIGHT,HEAT AND POWER CO. LTD. VS. VANDRY [REFERRED TO]
RUDUL SAH VS. STATE OF BIHAR [REFERRED TO]
BHIM SINGH MLA VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ESCORTS LIMITED [REFERRED TO]
PEOPLES UNION FOR DEMOCRATIC RIGHTS VS. STATE OF BIHAR [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
P RATHINAM VS. UNION OF INDIA [REFERRED TO]
PEOPLES UNION FOR DEMOCRATIC RIGHTS VS. POLICE COMMISSIONER DELHI POLICE HEADQUARTERS [REFERRED TO]
SAHELI A WOMENS RESOURCES CENTRE VS. COMMISSIONER OF POLICE DELHI POLICE HEADQUARTERS [REFERRED TO]
KUMARI VS. STATE OF TAMIL NADU [REFERRED TO]
PRESIDENT OF INDIA VS. DEATH OF SAWINDER SINGH GROVER RE [REFERRED TO]
ARVINDER SINGH BAGGA VS. STATE OF UTTAR PRADESH [REFERRED TO]
INDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
BODHISATTWA GAUTAM VS. SUBHRA CHAKRABORTY MS [REFERRED TO]
RAMESHWARLAL VS. MUNICIPAL COUNCIL TONK [REFERRED TO]
D K BASU ASHOK K JOHRI VS. STATE OF WEST BENGAL :STATE OF UTTAR PRADESH [REFERRED TO]
COMMON CAUSE A REGISTERED SOCIETY VS. UNION OF INDIA [REFERRED TO]
CHAIRMAN GRID CORPORATION OF ORISSA LIMITED GRIDCO VS. SUKAMANI DAS [REFERRED TO]
CHAIRMAN RAILWAY BOARD VS. CHANDRIMA DAS [REFERRED TO]
PARVATI DEVI VS. COMMISSIONER OF POLICE DELHI [REFERRED TO]
TAMILNADU ELECTRICITY BOARD VS. SUMATHI [REFERRED TO]
KAUSHNUMA BEGUM VS. NEW INDIA ASSURANCE COMPANY LIMITED [REFERRED TO]
M P ELECTRICITY BOARD VS. SHAIL KUMARI [REFERRED TO]
UNION OF INDIA VS. WEST COAST PAPER MILLS LTD [REFERRED TO]
UNION OF INDIA VS. WEST COAST PAPER MILLS LTD [REFERRED TO]
H S E B VS. RAM NATH [REFERRED TO]
S VS. TIMUDU ORAM [REFERRED TO]
SURJYA DAS VS. ASSAM STATE ELECTRICITY BOARD [REFERRED TO]
STATE OF TRIPURA VS. JHARNA RANI PAL [REFERRED TO]
S K SHANGRING LAMKANG VS. STATE OF MANIPUR [REFERRED TO]

JUDGEMENT

(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.

(3.) I have heard Mr. S. Medhi, learned counsel, for the petitioner, in WP (C) No. 5772/2001, Mr. D. Saikia, learned counsel, for the petitioners, in WP (C) Nos. 3417/2003 and 3418/2003, Ms. D. Das Roy, learned counsel, for the petitioner, in WP (C) No. 8140/2002, Mr. A. K. Jain, learned counsel, for the petitioner, in WP (C) No. 8733/2004 and for the petitioners in WP (C) No. 1290/2005, and Mr. R. Paul, learned counsel, for the petitioners in WP (C) No. 2328/2005, and Mr. D. Bhattacharya, learned Standing Counsel, ASEB, appearing on behalf of the respondents. I have also heard Mr. N. Dutta, learned Senior Counsel, as Amicus Curiae.

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KHIRADABALA NATH Vs. ASSAM STATE ELECTRICITY BOARD

Referred Judgements :-

JUDGEMENT

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