Omprakash Sahni v. Jai Shankar Chaudhary
Quick Summary
The case explains the rule of Injuria Sine Damnum: if a legal right is violated, the law gives a remedy even when no money loss is proved. The court relied on the classic maxim Ubi Jus Ibi Remedium—where there is a right, there is a remedy. Stopping a qualified voter from voting is a legal injury in itself.
Issues
- Can a person claim a remedy without proving actual loss if a legal right is infringed?
Rules
- Injuria Sine Damnum: Legal injury alone is actionable; damages may be awarded even without measurable loss.
- Ubi Jus Ibi Remedium: Every violation of a right has a remedy.
- Exemplary damages may be used to deter officials who misuse power and violate fundamental civil rights like voting.
Facts (Timeline)
Arguments
Appellant / Plaintiff
- Right to vote was unlawfully blocked.
- No need to show money loss; legal injury is enough.
- Sought damages to mark the wrong and deter abuse.
Respondent / Defendant
- Claimed the plaintiff was not eligible to vote.
- Argued there was no actual damage, so no remedy.
- Disputed the use of exemplary damages.
Judgment
- Held: Preventing a qualified voter from voting is a legal wrong by itself.
- A remedy lies even when no pecuniary loss is shown.
- Courts may award compensatory and, where fit, exemplary damages to deter public misuse.
Ratio
When a legal right is infringed, the cause of action is complete without proof of loss. The maxim Ubi Jus Ibi Remedium ensures a remedy for the wrong.
Why It Matters
- Protects civil rights like voting from arbitrary denial.
- Teaches that rights are actionable even without economic loss.
- Supports exemplary damages against misuse of public power.
Key Takeaways
Right breached = action lies, even with zero money loss.
Where there is a right, there is a remedy.
Exemplary damages can deter official misconduct.
Blocking a qualified voter is actionable per se.
Mnemonic + 3-Step Hook
Mnemonic: “RIGHT HIT = REMEDY FIT.”
- Right infringed → claim lies.
- Hit to legal status, not wallet, still counts.
- Remedy may be compensatory or exemplary.
3-Step Hook:
- Identify the right (e.g., vote).
- Check if it was blocked by the defendant.
- Seek damages even if no money loss is shown.
IRAC Outline
Issue
Is a remedy available when a right is violated without actual loss?
Rule
Injuria Sine Damnum; Ubi Jus Ibi Remedium; scope for exemplary damages.
Application
Blocking a qualified voter was a legal injury; loss proof not required.
Conclusion
Plaintiff entitled to damages; court may award exemplary damages to deter future abuse.
Glossary
- Injuria Sine Damnum
- Legal injury without measurable loss; still actionable.
- Ubi Jus Ibi Remedium
- Where there is a right, there is a remedy.
- Exemplary Damages
- Punitive damages to deter wrongful conduct, often by public officers.
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