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Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage
Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected.
Give the appropriate answer-
Y can sue X on the ground that he was denied the right to cast vote, which is a fundamental right.
Y can sue X on the ground that he was denied the right to cast vote, which is a legal right
Y cannot sue X because there is no injury or damage caused to Y
Y cannot sue X because the candidate in whose favor he wanted to vote was declared elected.
'lnjuria Sine Damno' means violation of legal rights without causing any damage, i.e. there is injury though there is no damage. Even in the absence of any damage, if there is violation of legal right, the plaintiff can claim damage.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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