State v. N. Girijakumari
Case brief
What is this about?
Appeal against a damages judgment where the police firing caused death. High Court remanded the case for impleading the alleged tortfeasors before adjudicating merits due to vicarious liability and proper party array requirements.
What did the court decide?
Trial judgment and decree set aside; case remanded to Trial Court with direction to implead the tortfeasor and dispose within six months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932
AS.No. 24 of 2002(E) ------------------------OS.1052/1995 of I ADDL.SUB COURT,TRIVANDRUM
APPELLANT(S): /DEFENDANTS IN THE O.S.
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STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
BY GOVT. PLEADER SRI.SANIL KUMAR
RESPONDENT(S): /PLAINTIFFS IN THE O.S.
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Issues for consideration
2 issues framed by the court
Whether the suit is maintainable without impleading the alleged tortfeasor (police department/personnel).
Whether the trial court erred in granting a decree without impleading the accused party.
Parties & counsel
- appellant
STATE OF KERALA
- respondent
N.GIRIJAKUMARI & OTHERS
Coram
M.N. KRISHNAN
Case details
As recorded by the court registry
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