Menu
keyboard_backspace
Consult and get Expert Advice on Torts Laws matters from the best Torts Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.

Get Expert Advice Online
from Top Torts Lawyers
in India

Read Blogs to get more Insights

How is an NGO, a Trust and a Foundation Different?

From a legal standpoint, there is hardly any difference. An NGO or a Foundation cannot be registered. The legal viewpoint is that an NGO has one of three entities; its either a Public Trust or a Society or a not-for-profit organization or foundation. Under the Income Tax Act, all 3 entities are tax-exempt entities.Both trust and society alike are two types of a non-profit or non-government organization in India. Therefore if anyone intends on doing social work and for this purpose needs a legal entity, then either a trust or a society can be registered. One can also register a company under section 25 but in most cases, a registered is a norm or society for benevolent work.Trust is a comparatively simpler entity and can be easily registered and operated. Such organizations are fundamentally rooted in trust. Donations are purely based on trust that the donated funds would be fully utilized to serve the purpose mentioned in one’s trust deed. Trustees do not owe any explanation to anyone other than the Charity Commissioner and the applicable laws. Any tax breaks u/s 80g and 12a can be revoked if trustees do not abide by the rules, laws, and regulations of the Income Tax department. Analyzing NGO Registration people seem to think that even with lack of funds if NGO registration is done then their goals and objectives can be attained. Truth is as quickly as some NGOs are being registered they are also winding up quickly or even leaving it in the middle. If NGOs are registered with the intention or mindset of obtaining external grants and donations then such NGOs would not be sustainable in the long run. A company donating a chunk of funds to charity on a regular basis, then in such cases an NGO can be registered with enhanced sustainability planning.  In India, there are many registered NGOs only on paper and only about a little over half of NGOs are actually working for the betterment of society. NGOs can be formed in no time at all. However, when project funds from local government schemes or contributions from foreign countries are on hold indefinitely then the entire NGO comes to a screeching halt. Rather than looking for easier options for forming an NGO, for NGO registration its imperative to analyze the actual requirement and the strength to form, manage and maintain such NGO is far more important.Call 7604047601 for consultation with a registered expert Trust and Society NGO lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 month ago

Go to Blog

Why is RTI Amendment Bill So Controversial?

Although the Lok Sabha has passed and ratified The Right to Information Amendment Bill 2019 the Opposition is dead against it. Invectives like ‘dangerous’ and ‘dark day for democracy’ have been hurled against the bill. Changes have been suggested in regard to the terms and conditions of appointment of information commissioners at the center and state levels. The three provisions of the RTI amendment bill have been challenged by the members of Opposition in Parliament and by protesters in the field.Nonetheless, prior to going forward, the basic things that the RTI Act of 2005 does is based on the existing law which says that the public authorities are required to disclose on·        their organization, functions, and structure·        rights and duties of its officers and employees·        financial dataIf the public authorities do not provide the required information of their own volition, then, in that case, its citizen’s right to demand it from them based on the RTI Act. "Public authorities" refer to ministers and government servants among others.The head of the central information commission is the chief information commissioner and other information commissioners appointed by none other than the President representing the Central Government for a fixed term of five years with the salary of the chief election commissioner’s, as well as the election commissioner's salary respectively. The intent and purpose of this initiative were granting autonomous powers to the central information commission as well as provide protection from government surveillance. The amendments ` ` ` `The RTI amendment bill of 2019, excludes the five years tenure of the chief information commissioners and the information commissioners. The payouts on account of salary have been revised. Separate notifications will be sent by the government to both. Politically, what this means is that the government can and will pose a threat or entice the chief information commissioner and information commissioners with random removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.Call 7604047601 for consultation with a registered expert right to information lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 month ago

Go to Blog
{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Torts Lawyers in India

Prateek  KHANDELWAL

Prateek KHANDELWAL

SENIOR PARTNER
Exp
Jaipur , Rajasthan

Specialization

  • Torts
  • Criminal
  • Cheque Bounce
  • Civil
  • Administrative Law
We at prateek khandelwal advocates and associates believe in honesty, commitment, and sincerety, we deal in all kind of criminal , civil and service matters. View Full Profile
gunturi  chandra mouli

gunturi chandra mouli

lawyer
Exp
West Godavari , Andhra Pradesh

Specialization

  • Torts
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Landlord And Tenant
  • Maternity
Snehal Vakilna Hemant Kumar Cyber Lawyer Surat

Snehal Vakilna Hemant Kumar Cyber Lawyer Surat

Cyber Lawyer, Cyber Security and Data Privacy laws Expert Lawyer
Exp
Surat , Gujarat

Specialization

  • Torts
  • Cyber, Internet, Information Technology
  • Administrative Law
  • Advertising
  • Contracts And Agreements
Snehal Vakilna First Cyber Lawyer, Cyber Security Expert, Data Protection & Privacy Laws Specialist, Creative Speaker & Author Surat Gujarat India. Mr. Snehal Vakilna An Advocate who could be designated as an pioneer in the field of Cyber crimes and Cyber laws in Surat Gujarat. View Full Profile
Krunal  Jansari

Krunal Jansari

Advocate
Exp
Mehsana , Gujarat

Specialization

  • Torts
  • Landlord and Tenant
  • Civil
  • Maternity
Sowmya  R

Sowmya R

Partner advocate
Exp
Bhopal , Madhya Pradesh

Specialization

  • Torts
  • Landlord And Tenant
  • Sale
  • Mergers And Acquisition
Apurv  sharma

Apurv sharma

Lawyer
Exp
Noida , Uttar Pradesh

Specialization

  • Torts
  • Financial Markets And Services
  • Maternity
Tarun  Pant

Tarun Pant

advocate, legal executive and corporate lawyer
Exp
Lucknow , Uttar Pradesh

Specialization

  • Torts
  • Criminal
  • Family
Our vision is to provide our clients with skilled legal advice in a timely and efficient manner. We strive to handle each matter with accountability and responsiveness, as if we were representing ourselves. View Full Profile
Sanctus  Legal

Sanctus Legal

Advocate
Exp
New Delhi , Delhi

Specialization

  • Torts
  • Cheque Bounce
  • Civil
  • Arbitration and Mediation
  • Consumer Protection
We are a team of lawyers practising in Delhi High Court, Trial Courts, Consumer Fora and other Tribunals, dealing in a variety of Civil, Matrimonial, Money Recovery, Cheque Bounce, Arbitration and Consumer matters. View Full Profile
sahil  sood

sahil sood

Advocate
Exp
New Delhi , Delhi

Specialization

  • Torts
  • Advertising
  • Animal Laws
  • Aviation
  • Debt and Lending Agreement
Mallikarjuna  K H

Mallikarjuna K H

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Torts
  • Criminal
  • Administrative Law
  • Animal Laws
  • Insurance
Mallikarjuna advocate Bangalore I have completed my graduation in 2008 View Full Profile
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is Tort?
  • What is Tort Law?
  • What are the Important Aspects Torts?
  • What are the General Defences to Torts?
  • What are the Types of Torts?

What is Tort?


The origin of the word tort is the latin word ‘tortum’ which means ‘to twist’. Tort does not have a standard universal definition but the generic idea is that tort is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. Not all civil wrongs are torts.

What is Tort Law?


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 controversy. Tort is breach of some duty independent of contract which has caused damage to the plaintiff giving rise to civil cause of action and for which remedy is available. If there is no remedy it cannot be called a tort because the essence of tort is to give remedy to the person who has suffered injury.

Important aspects of Law of Torts:


For an act to constitute a tort, it must satisfy certain conditions, there must be some act or omission on the part of the defendant, which in turn should have resulted in legal damage (injuria), i.e., violation of a legal right vested in the plaintiff.

The relevant factor for commission of tort is the presence of a ‘legal damage’ which need not be causing actual tangible damage, whereas, an act which is causing some substantial damage but not a legal damage would not constitute tort. For example, in cases of trespass, the person trespassing may not damage the property he entered but would still constitute a legal injury, whereas, in case a competitor due to whatever legal reasons may cause massive losses to another person but would still not have committed a Tortious act.

Torts don’t necessarily stem from Statutes only and can stem from common law principles. Torts in India stem like the other common law jurisdictions stems from both statute and common law.

General Defences to Torts:


There are certain defences which are of a generic nature and can be availed in most of the tort cases. They are the following-

  • Volenti non fit injuria – this refers to voluntary assumption of risk. When someone suffers harm with their own consent then it acts as a complete defence for the defendant. However, mere knowledge of the risk(scienti non fit injuria) does not imply consent, for example, if a driver is forced by his employer to drive a vicious horse and he drives that under protest, then he will be entitled to claim such compensation in case an injury is caused to him(Bowater v. Rawley Regis Corporation). Doctrine does not imply to rescue cases though.
  • Plaintiff the wrongdoer – No action arises from an immoral cause. If the harm suffered by the plaintiff is fundamentally linked with the wrong act of himself then the defendant may use it as a defence. For example, if the plaintiff drives an overloaded truck despite strict instructions not to, and eventually suffers harm due to the bridge breaking, then the defendant has a defence available. However, plaintiff is not disabled from recovering in tort unless some unlawful act or conduct on his own part is connected with the harm suffered by him as part of the same transaction.
  • Inevitable Accident – An unforeseeable & unavoidable accident in spite of reasonable care taken on defendant’s part acts as a defence. Inevitable refers to a situation wherein it was not avoidable by the precautions which a reasonable man would have implemented.
  • Act of God – It is similar to the idea of “Inevitable Accident”, but the forces here are forces of God/Nature, i.e., floods, storms, etc. It acts as a defence to the idea of “Strict Liability”.(summary of ‘strict liability’ is below)
  • Private Defence – Law permits use of reasonable force to protect one’s person or property. However there should be presence of an ‘imminent threat’.
  • Mistake – Mistake, whether of fact or law, is generally not a defence for torts. However, in torts requiring malice as an element, the liability does not arise when the defendant acts under an honest and mistaken belief.
  • Necessity – An act causing damage if done under necessity to prevent greater evil is not actionable even though harm was caused intentionally. For example, throwing goods overboard a ship to lighten it for saving the ship and persons on board the ship.
  • Statutory Authority – When an act is done under the authority of an Act, it is a complete defence and the injured party has no remedy except for claiming such compensation as may have been provided by the statute.

Types of Tort Law


There are three primary categories of tort law- intentional torts, negligent torts and strict liability torts. In India the concept of absolute liability also exists which shall be spoken of later.

  • Intentional torts are those torts which are committed with the intention of undergoing an activity which would end up in causing injuria (violation of legal right) of someone for example trespassing or battery(harmful or offensive contact with another person).
  • Negligent torts are those torts that are born out of negligence on part of person and not because of the intention to cause a legal harm to someone, for example, if someone breaks a cup in anger part of which end up hurting someone else. Then there are strict liability torts, sometimes seen as product liability torts, these are torts when there is an imposition of liability on a party even in the absence of finding of a fault like a tortious intent or negligence, for example the production head of a company being strictly liable even for a fault committed by a labourer working under him.
  • The concept of strict liability was discussed in the case of Rylands v. Fletcher. In this case, the defendant had constructed a water reservoir which his hired engineers ended up building on top of an abandoned coal mine, Rylands (the defendant) was unaware of this fact. Eventually the reservoir broke down and ended up harming Fletcher’s coal mines for which a lawsuit was subsequently filed. Rylands was held “strictly liable” and it was observed that a person who for his own purposes keeps on his land anything with the potential of causing mischief will be prima facie answerable for the damage which happens as a natural consequence of its escape.

In India, there is a unique concept known as the principle of “Absolute liability”. In the case of ‘M.C. Mehta v. Union of India’ there was leakage of oleum gas which caused harm to the people exposed to the gas leak. It was in Court’s mind that an year ago Bhopal Gas Tragedy had happened hence Court gave a judgement befitting of a crime of a nature which has the potential to cause such great tragedy. The ratio followed here was similar to the concept of Strict Liability with the addition of ‘Absolute Liability’ not being subjected to any of the exceptions or defences of the rule of Strict Liability.

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter
Get the best Lawyer
for your Case

Top Responding Lawyers
on Torts Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 34 Year(s)
Retired Judge
Bangalore
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 6 Year(s)
Lawyer
New Delhi
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 2 Year(s)
Advocate
Kolkata
756730f15affdb39349ee23e223aec6e.jpg
Experience: 5 Year(s)
Independent Advocate
Central Delhi
822b0e728f6a0b831e546069e59eff21.jpg
Experience: 10 Year(s)
Lawyer and legal associate
Nagpur
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 4 Year(s)
As a advocate
Aurangabad
bbeb09048874b1d40441.webp
Experience: 10 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 21 Year(s)
Dr
New Delhi
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 23 Year(s)
Advocate
Bhubaneswar
17f36a21c0bb601e4b3d903bd201ab96.jpg
Experience: 4 Year(s)
Advocate
Lucknow
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 16 Year(s)
Advocate High Court
Kolkata
7ca840377e76369734a338177b23adfd.jpg
Experience: 4 Year(s)
Advocate
Kolkata
43da408ded866db2858a3b992d6410b1.jpg
Experience: 6 Year(s)
advocate
Nagpur
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 16 Year(s)
Advocate
Panipat
ed97dd09ba2326865a4467cbb2e8877b.webp
Experience: 19 Year(s)
Advocate
Chennai
a7380f76a37f95339ae0b26a6630369b.jpg
Experience: 6 Year(s)
Advocate
Patiala
c067b4786f04625249cc8b7a62389e6b.jpg
Experience: 2 Year(s)
Advocate, Madras high court
Chennai
443f954fc1289753953d236b49cdf66a.jpg
Experience: 4 Year(s)
Lawyer
Mumbai
59e854a50a441a116b44301cc6c50176.webp
Experience: 12 Year(s)
Attorney
South Delhi
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 20 Year(s)
Advocate
Bangalore
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 4 Year(s)
Criminal Lawyer
Faridabad
c48c394179eb5d82a1140ede15febea1.webp
Experience: 13 Year(s)
Advocate
Thane
46ff77e9b7358b76ae473e673378e102.webp
Experience: 39 Year(s)
SENIOR LAWYER
Jabalpur
3d468e1c95191b06fce7.webp
Experience: 19 Year(s)
Advocate / Trial Advocate
Tirunelveli
365c3942034dac70476c492af828705e.jpg
Experience: 18 Year(s)
Advocate
Patna
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us