Let us now look at two landmark cases to better understand the principle of Damnum Sine Injuria - i.e. damage, without injury.
In the Gloucester Grammar School Case, a schoolmaster set up a rival school next to an existing one, causing the original school to lose students and suffer financial loss.
Despite this, the court ruled that there was no violation of legal rights because the defendant was simply exercising his right to set up a business.
The court concluded that the plaintiff's financial loss did not result from any legal injury. This case is a classic example of the legal principle "Damnum Sine Injuria", meaning damage without legal injury
In Ushaben v. Bhagyalaxmi Chitra Mandir (1978), the defendant Bhagyalaxmi Chitra Mandir made a movie called Jai Santoshi Maa.
In the movie, some of the other Hindu Goddesses - like Saraswati, Lakshmi, and Parvati were portrayed to be jealous and vengeful - which hurt the religious feelings of the plaintiff Ushaben and she sued to stop the exhibition of the film.
The court ruled that the plaintiff's hurt feelings did not amount to a legal injury. Although the plaintiff's religious sentiments were hurt (Damnum), this did not constitute a legal wrong (Sine Injuria). Therefore, the court dismissed the suit, emphasizing the importance of freedom of speech and expression.
19 сен 2024
