AIR 1956 BHOPAL 65

Bhopal High Court

Hon'ble Judge(s): Mathur , J

(A) Contract Act (9 of 1872) , S.73— Damages - Principles governing grant of. Two important principles governing the grant of damages are that the claimant should not himself be guilty of any negligence and should have taken all the reasonable steps to minimise the loss to be suffered by him; and that the amount of damages to be awarded can never exceed the loss actually suffered by him or, which he is likely to suffer, provided that his acts are lawful and not contrary to the law, rules or bye-laws duly enacted.(Para 5) Where the plaintiff gave on hire his Ghumti, a temporary wooden structure, after placing it on a public road or land in contravention of the municipal law and the bye-laws and the municipal Board removed the Ghumti and misappropriated it and the plaintiff did not possess any land on which the Ghumti, if placed, could fetch any income. Held that the income derived by the plaintiff by giving the Ghumti on hire was unlawful and he could not claim the amount by way of damages.(Para 7 8) (B) Civil P.C. (5 of 1908) , O.41 R.27— Party negligent in not leading' proper evidence - Party cannot be allowed to lead additional evidence. It is not the duty of the defendant n....