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Another area of tort that developed in India which differs from the UK is the notion of constitutional torts. Creating constitutional torts is a public law remedy for violations of rights, generally by agents of the state, and is implicitly premised on the strict liability principle. [ 63 ]
Kasturilal Ralia Ram V. The State of Uttar Pradesh 1965 AIR 1039; 1965 SCR (1) 375 : is a Landmark case on Constitution of India, 1950, Art. 300(1)-State Liability for tortious acts of its servants. Owen Diaz vs. Tesla, 137 million dollars in damages to a Tesla, Inc. employee who faced racial harassment. [1] [2]
Janhit Abhiyan v. Union of India or EWS Reservation Case. 2022 The legality of the 103rd Amendment of the Constitution, which provides reservation in educational institutes as well as in jobs for the economically weaker sections, was upheld. Supriyo v. Union of India: 2023 The right to marry is a statutory right, not a constitutional right.
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"Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. [ 1 ] [ 2 ] In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved.
"Justice Khanna was right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspects of the human persona, namely, life ...
His Holiness Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. [2]
Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity.