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Principle: Damages are the money recompense, as far as money can do, for the violation of a right.
Facts: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.
A will be entitled to damages
A will not be entitled to damages
A will be entitled to only nominal damages
A will be entitled to exemplary damages
Clear application ofinjuria sine damno.Facts/Principle is unclear as to when nominal damages are due and when ordinary. A will be entitled to damages as his right to vote has been violated. It does not matter if the candidate he wanted to vote for has won the election anyways. Hence, (1) is the correct option.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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