Continuing tort & judicial misconduct .... interim order
Damayanti
(Querist) 01 July 2014
This query is : Resolved
continuing tort & judicial misconduct .... interim order
Judicial misconduct culminated into a perverse Interim order which is hurting the litigant every moment as it is very much operative, and suffering wrongful losses continuously thereafter.
Does judicial misconduct and resulting perverse order become a continuing tort?
My query is as follows:
What is the definition of continuing tort?
Does any blatant act of Judicial misconduct causing injury to legal rights & fundamental rights of litigant and thereby causing wrongful loss and injury as well as (continuous harrasement just like subsisting trespass to his property, liberty and rights and) mental trauma to litigant due to perverse and operative order passed in result of blatant judicial misconduct.
if the litigant wants to sue the STATE for judicial misconduct, then does the limitation period start from the time when judicial misconduct became exposed
OR
in above case does the limitation period keeps tolling as the perverse order which is culmination of judicial misconduct is hurting the litigant every moment thereafter and his agony is continuous and in fact increased thereafter in lieu operation of the same perverse order i.e. a symbol of mscarriage of justice!!!!!
If aforesaid instance happened in such proceedings which are not appealable Orders under CPC, BUT since the same Order can be challenged during final appeal or revision after conclusion of suit, ....
Please reply.
Aggrieved Party was severely threatened by the Judicial Officer not make "pursue/follow up" the 'judicial misconduct' and was actually asked to give up on that front else he was told that his case would be spoiled, .......... and by now the limitation period for even filing a suit for damages is elapsed but the trial suit is still going on .... and that perverse order which was a result of judicial misconduct is not in-operative as yet.
R.K Nanda
(Expert) 01 July 2014
academic query.
Raj Kumar Makkad
(Expert) 01 July 2014
You can make a detailed complaint to the visiting judge of high court with you duly sworn affidavit and wait for its oucome.
T. Kalaiselvan, Advocate
(Expert) 04 July 2014
This is not a question of law of torts. You refer to miscarriage of justice for which the remedy lies in appeal. Your lengthy question does not attracts any consideration for an opinion since it appears purely academic.
However:
There is no continuous tort. The torts are of two types, intentional and negligence.
Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others.
Intentional torts are usually offenses committed by a person who attempts or intends to do harm. For intent to exist, the individual must be aware that injury will be the result of the act. A common type of intentional tort is assault. Assault refers to an overt attempt to physically injure a person or create a feeling of fear and apprehension of injury.
The second type of tort seen most frequently in education related cases is negligence. The difference between negligence and an intentional tort is that in negligence the acts leading to injury are neither expected nor intended.
Now the question to the limitation: First of all confirm if it is a tort attracting the provisions of law to seek remedy, you will get answer for the limitation and other aspects on confirmation of the same.
Raj Kumar Makkad
(Expert) 04 July 2014
@Kalaiselvan! once you reach to the conclusion that the query is an academic, why you dare to attend it against the conduct of other experts?
V R SHROFF
(Expert) 04 July 2014
Academic query.
BY A LEGAL PROFESSIONAL, [ AS UNEMPLOYED]
U CAN ASK PERSONAL LEGAL PROBLEM; BUT NOT IN ACADEMIC FORMAT.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
Dear Raj Kumar Makkad Sir, you are right that I concluded it to be an academic query in line with other experts, let me apologize for my curiosity in replying further to the query of the author, shall refrain in future and will standby the experts, sorry once again.
Raj Kumar Makkad
(Expert) 06 July 2014
@kalaiselvan! Thanks a lot for your gratitude.
