Origin and Development of Law of Tort in India

Abstract

In India the Law of Tort is developing in nature which is supplemented by codifying laws including Laws relating to damages. Though India follows the UK approach, yet there are certain differences which may shows judicial activism in India, which creates controversy. As it is well known that Tort is breach of some duty independent of contract which has caused damage to the victim giving rise to civil cause of action and for which remedy is available. It is well known principle of Supreme Court that, the Law of Tort is entirely founded and structured on the principle of morality that means no one has a right to injure or harm any other person either intentionally or even innocently. Court can Exercise it Civil Jurisdiction to protect the right of a victims and impose penalty or passed any order which it think fit which is differ from case to case and suitable for the particular situation. As it is well known that Law of Tort is well developed and codified in the western Countries like, UK, USA. In India, it is not codified, like other laws and is still in the process of development. But Law of Tort is one of the important branches of Law in India.