Discuss the meaning of the term Injuria sine damno.
[Law of Torts] – In cases of injuria sine damno, i.e., the infringement of an absolute private right without any actual loss or damage, the person whose right is infringed has a cause of action. Every person has an absolute right to his property, to the immunity of his person, and to his liberty, and an infringement of this right is actionable per se. In India, the same principles have been followed. The Privy Council has observed that “there may be, where a right is interfered with, injuria sine damno sufficient to found an action: but no action can be maintained where there is neither damnum nor injuria.
In the leading case of Ashby v. White, the defendant, a returning officer, wrongfully refused to register a duly tendered vote of the plaintiff, a legally qualified voter, at a parliamentary election and the candidate for whom the vote was tendered was elected, and no loss was suffered by the rejection of the vote, nevertheless it was held that an action lay. In this case the returning officer has acted maliciously.