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may 2000

Supreme Court of India · 2000-05-27

Tamil Nadu Electricity Board vs Sumathi And Others

Citation / case number
II(2000)ACC1
Court
Supreme Court of India
Petitioner
Tamil Nadu Electricity Board
Respondent
Sumathi And Others
Author
Syed Shah Mohammed Quadri
Bench
Syed Shah Mohammed Quadri

Judgment text excerpt

The Supreme Court held that the High Court erred in entertaining a writ petition under Article 226 concerning a claim for damages due to electrocution, as the case involved disputed questions of fact requiring evidence. The Court emphasized that negligence must be established by the claimant in tort actions, and that the proper remedy was a civil suit rather than a writ petition. The Court referred to the precedent in Shakuntala Devi v. Delhi Electric Supply Undertaking, clarifying that it was not applicable in this case, thus setting aside the High Court's decision and ruling that the jurisdiction under Article 226 was improperly exercised.

Tamil Nadu Electricity Board vs Sumathi And Others · Niyam