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June 2012 Issue.Pdf Journal of Global Research & Analysis Volume 1 (1) (A Multi-Disciplinary Refereed Research Journal) ISSN – 2278-6775 JOURNAL OF GLOBAL RESEARCH & ANALYSIS [A Bi-Annual (June & December) Multi-Disciplinary Refereed Research Journal] E-mail: [email protected] ISSN-2278-6775 PATRON EDITOR Mr. NISHANT BANSAL DR. PARDEEP KUMAR Vice Chairman, Geeta Group of Institutions Assistant Professor, Dept. of Political Science, Karhans, Samalkha, Panipat Geeta Institute of Law, Karhans, Samalkha, Panipat EDITORIAL BOARD Prof. (Dr.) R. S. Yadav Prof. (Dr.) Ranbir Singh Department of Political Science Vice-Chancellor, National Law University, Kurukshetra University, Kurukshetra, India Dwarka, Delhi, India Prof.( Dr.) Chintamani Mahaparta Prof. (Dr.) V.K. Aggarwal American Studies Center, SIS Vice-Chancellor, Jagannath University, Jawaharlal Nehru University, New Delhi, India Rajesthan, India Prof. (Dr.) Madhu Gupta Prof. (Dr.) Vimal Joshi Department of Education Head & Dean, Dept. of Law, B.P.S. Mahila MDU, Rohtak. India Vishwa Vidhyalaya, Khanpur Kalan, Sonipat, India Dr. Suresh Dhanda Dr. Naresh Vats Associate Professor, Dept. of Political Science, Assist. Professor, Institute of Law, S.A.Jain (PG) College, Ambala City, India Kurukshetra University, Kurukshetra, India Mr. Rajender Kumar Dr. (Mrs.) Rajesh Hooda Ruhil Dy. Director (Economics) Assist. Professor, Department of Law, Competition Commission of India, New Delhi, India B.P.S. Mahila Vishwa vidyalaya, Sonipat, India Dr. Sewa Singh Dr. Surender Kumar Associate Prof., Deptt. of Public Admin., Assistant Professor, Deptt. Of Chemistry MDU Rohtak, India University College, Kurukshetra, India Mr. Vikramjit Singh Dr. Vinod Associate Professor,Dept. of Political Science, Assistant Professor, Dept. of Chemistry, Dayanand Postgraduate College, Hisar, India MM University, Mulana, Ambala, India Dr. K. K. Sharma Mr. Manjeet Singh Associate Professor, Dept. of History, Assistant Professor, Department of English, M. M. (PG) College, Modi Nagar, Meerut, India Dayanand Postgraduate College, Hisar, India Dr. Jagdish Gupta, Dr. Sunit Sharma, Dept. of Commerce Principal, Arya P.G. College, Panipat, Haryana, India Associate Professor, I.B. Postgraduate College, Panipat Dr. Vijay Kumar Mr. Anil Sharma Assistant Professor, Department of History, Assistant Professor, Department of Computer Science, Arya P.G. College, Panipat, Haryana, India Govt. Women College, Hisar, Haryana, India © K.R. Education Society, Panipat, Haryana. All rights reserved. No part of the contents may be reproduced in any form without the written permission of the publisher. Journal of Global Research & Analysis is an open forum which encourages all points of view. However, views expressed in its pages are the contributor’s own and do not represent the opinions or policies of Journal of Global Research & Analysis. PUBLISHED BY PRINTED AT K.R. Education Society Sidhi Vinayak Printers H. No. 547, Huda Sec-11 # Sanoli Road, Panipat Panipat, Haryana. Haryana E-mail: [email protected] Annual Subscription-Rs. 1000/- Single Copy-Rs. 550/- Bank Draft drawn in favour of K.R. Education Society and Payable at Panipat may be sent to the following address: The Editor (Dr. Pardeep Kumar), Journal of Global Research & Analysis, Geeta Institute of Law, Karhans, Samalkha, Panipat-132103 (Haryana), M: 09466767848 Journal of Global Research & Analysis Volume 1 (1) (A Multi-Disciplinary Refereed Research Journal) ISSN – 2278-6775 Vol. 1 No. 1 June 2012 CONTENTS 1. Law of Torts or Torts Law: An Analysis 1-6 Sandhya Rohal, Vikas Rohal 2. Fiduciary Role of Directors in a Corporation 4-14 Naresh Kumar Vats 3. Killing Honour for the Sake of Honour 15-18 Seema Dahiya, Rekha Dahiya 4. Custodial Torture-Violation of Human Rights 19-26 Monika Garg, Subhash Kumar 5. International Conventions and Summits on Patent 27-34 Parmod Malik 6. Teacher Competencies in the Era of Inclusion: A Glimpse 35-42 Madhu Gupta, Pooja Pasrija 7. Concept of Visual Impairment 43-52 Mahender Kumar, Narender Malik & Mohan Gaur 8. A Study of Environmental Attitude of Prospective Teachers 53-58 Deepak Kumar, Yogender Singh & Naveen Kumar 9. Disinvestments in India 59-73 Pawan Kumar 10. India Pakistan Dialogue: C.B. Measures and Beyond 74-82 Rakesh Kumar & Jyoti Singh 11. India – ASEAN Relations Since Post Cold War Era to FTA 83-88 Pardeep Kumar 12. Hindu Consciousness and Congress Leadreship in U.P : 1937-39 89-95 Vijay Kumar 13. Comparative Study of Pre-Competitive Anxiety of Champion and 96-100 Non-Champion Male Gymnasts Rajes Kumar Phor 14. RTI: A Need in Modern Era 101-106 Sanjay Kumar Pasi & Jyoti Singh 15. India’s Ambitions for BMD 107-115 Suresh Dhanda 16. Quest For Identity In Rohinton Mistry’s Fiction 116-120 Punam Chhillar Journal of Global Research & Analysis Volume 1 (1) (A Multi-Disciplinary Refereed Research Journal) ISSN – 2278-6775 17. Nano-Sized Platinum Metals And Their Simple Compounds 121-126 Kiran Choudhary 18. Rohinton Mistry’s Fiction and Parsi World: A Cultural Study 127-129 Punam 19. Civil Disobedience Movement In Hisar 130-137 Mahender Singh 20. India-West Asia Relations 138-144 Suresh Dhanda 21. A Study of FDI Inflows at Developed Countries 145-156 Vinod Kumar 22. Capital Punishment 157-164 Navin Kumar 23. A Study of FDI Inflows at Developing Countries 165-176 Ravinder Pal 24. Decline of Soviet Union: Failure of a State System or Ideology 177-184 Vikramjit Singh 25. A Comparative Study of Indian Public and Private Sector Banks 185-193 Ravinder Pal 26. Prespectives on Teaching English Grammar and Literature at UG Level 194-197 Suresh Kumar 27. E-Governance: A Curse to Corruption 198-204 Anil Kumar 28. A Study of Emergence and Need of Corporate Social Responsibility 205-211 Sushma Rani 29. Faiz Ahmad Faiz: A Poet Beyond Romanticism 212-218 Manjeet Singh 30. Study of Different Types of Attacks in MANET 219-224 Parteek Thakral 28. Characterisation of ZnO Nanoparticles 225-229 Vinay Gupta, Cheena Sahni, Chetna Anand, Neha Taneja 29. Social Organization and Development of Education in Haryana in 19th Century 230-237 Atul Yadav 30. Honour Killing 238-243 Navin Kumar 31. Capital Structure Analysis of Indian Automobile Industry 244-259 Pawan Kumar Journal of Global Research & Analysis Volume 1 (1) (A Multi-Disciplinary Refereed Research Journal) ISSN – 2278-6775 32. Mary Com: The Pride of Indian Boxing 260-267 Rajesh Kumar Phor 33. Federal Relations in India: Role of Governor Under Article-356 268-275 Anju Rani 34. Co-operative Credit Institutions in India 276-280 Ravinder Kumar 35. Corporate Governance Reforms, Board Attributes and Firm’s Performance 281-289 Nidhi Malik and Seema 36. Role of Opposition Parties in India: An Analysis 290-295 Vikas 37. Women and Nationalism: A Study of Freedom Movement in India 296-299 Dharambir 38. Indian Legislative Development in Insurance Law Since 1999 300-309 Subhash Kumar 39. Women Empowerment: Different Dimensions 310-314 Surender Kumar 40. Solution of Reservation Policy in Educational Institutions 315-322 Vijay Kumar Journal of Global Research & Analysis Volume 1 (1) (A Multi-Disciplinary Refereed Research Journal) ISSN – 2278-6775 LAW OF TORTS OR TORTS LAW: AN ANALYSIS Sandhya Rohal Assistant Professor Geeta Institute of Law, Panipat, Haryana, India & Vikas Rohal Advocate, Panipat, Haryana, India ABSTRACT Tort law in India is a relatively new common law development supplemented by codifying statutes including statutes governing damages. While India generally follows the UK approach, there are certain differences which may indicate judicial activism, hence creating controversies. In this paper we raises two basics question 1:- 1) Is it the law of tort, i.e is every wrongful act for which there is no justification or excuse is to be treated as a tort. 2) Is it law of torts, consisting only of a number of specific wrongs beyond which the liability under this branch of law cannot arise. Winfield 2 support 1st question as it‟s a law of tort which has a wider scope. On the other hand Salmond 3 preferred the second alternative, the liability under this branch of law arises only when the wrong is covered by anyone or the other nominate torts. There is no general principle of liability. Each theory seems to have received some support, in 1702 ASHBY v. WHITE, the 1st theory was recognized the principle - ubi jus ibi remenium, where there is injury there is remedy. However Dr. Jenks favored Salmond‟s theory, acc. to him Salmond‟s theory does not imply that the courts are incapable of creating new tort. He says that, the court can create new torts but such torts cannot be created unless they are substantially similar to those which are already in existence. Dr. Jenks‟ view does not appear to be correct as various new torts like Deciet , the rule in Rylands v. Fletcher and negligence, which have come into existence, are not similar to any of those torts which are already in existence. Key Words: Tort Suit, Tortious Liability, Strict Liablity, Fault Liability, Liability, Duty. Tort law defines the conditions under which a person is entitled to damage compensation if his or her claim is not based on contractual obligation. Damage result from the loss or impairment of property, health, life or limb, from the infringement of rights or from pure financial or non- financial losses. Economically speaking every reduction of the individual‘s utility level caused by a tortious act can be regarded as the damage 4. Tort law rules aim at drawing a just and fair line between those noxious events that should lead to damage compensation and others for which the damage should lie where it falls. 1 Journal of Global Research & Analysis Volume 1 (1) (A Multi-Disciplinary Refereed Research Journal) ISSN – 2278-6775 In common law countries tort law has developed from a large body of formerly unrelated doctrines such as conversions, trespass, nuisance, defamation, negligence, deceit and rules from case laws. On the European continent a more systematic and rationalistic approach resulted in the formulation of some basic concepts of tort law.
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