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Tortious Liabilities In Prophecies And Pridiction
37
PROJECT ON LAW OF TORTS TORTIOUS LIABILITY IN PROPHECIES AND PREDICTIONS SUBMITTED BY : SUBMITTED TO: Parikshit Shukla Ms. GUNJAN CHAWLA II SEMESTER (1281) (FACULTY OF LAW) NATIONAL LAW UNIVERSITY, JODHPUR
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Page 1: Tortious Liabilities In Prophecies And Pridiction

PROJECT ON LAW OF TORTS

TORTIOUS LIABILITY IN PROPHECIES AND

PREDICTIONS

SUBMITTED BY: SUBMITTED TO:

Parikshit Shukla Ms. GUNJAN CHAWLA

II SEMESTER (1281) (FACULTY OF LAW)

NATIONAL LAW UNIVERSITY, JODHPUR

WINTER SEMESTER

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ACKNOLEDGEMENT

On the completion of this project, I take the opportunity of thanking the people who

contributed in the completion of it, without whose aid, contribution and help this project

wouldn’t have seen practicability.

First I extend my heartfelt gratitude to, my mentor and teacher, Ms Gunjan Chawla, Faculty

of Law of Torts whose continuous guidance and support provided me with the much-needed

impetus and gave me a better insight into the topic. I am grateful to the IT Staff for providing

all necessary facilities for carrying out this work. I thank all members of the Library Staff for

providing me the assistance anytime needed.

I also thank my friends and batch mates for providing me the much needed aid whenever

needed. Most importantly, I would like to thank my parents for providing me the much-

needed force for accomplishing this project.

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TABLE OF CONTENT

Acknoledgement........................................................................................................................2

Table of content..........................................................................................................................3

OBJECTIVES............................................................................................................................4

RESEARCH METHODOLOGY...............................................................................................4

INTRODUCTION......................................................................................................................5

BREACH OF CONTRACT AND BREACH OF DUTY FOR GIVING INCORRECT

PREDICTIONS AND PROPHECIES.......................................................................................8

COMPARISION BETWEEN THE LEGAL STATUS OF PREDICTIONS AND

PROPHECIES IN US AND UK WITH INDIA......................................................................14

Conclusion................................................................................................................................18

Independent Analysis...............................................................................................................19

Bibliography.............................................................................................................................21

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OBJECTIVES

To examine the scope of tortious liabilities for predictions and prophecies in India i.e.

whether a wrong prediction will amount to a breach of duty or a breach of contract or

both.

To examine the legal status of predictions and prophecies in India.

To compare the legal status of predictions and prophecies in US and UK with India.

RESEARCH METHODOLOGY

The research methodology of this paper is mainly doctrinal. The research methodology is

descriptive while also analysing the topic. Substantial reliance has been placed on secondary

sources because of the scant amount of primary resources available. The mode of citation

followed in this research is OSCOLA 4th Edition.

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INTRODUCTION

Knowing about what is going to happen in the future has been a constant endeavour of human

beings. Astrology, palmistry, Vastu Shastra, tarot cards etc. are the various ways in which

man tries to predict the future. Astrology in India is regarded as an unexplored science1. In

other countries for e.g. USA, fortune telling is a form of livelihood and it is given proper

recognition by the government2. India is also famous for the prophecies of its famous

Godmen3. Godmen reportedly claim to have special powers to heal people, power to foresee

the future and influence it, power to read minds of others4. Godman actually is a very vast

term and has a wide array of meanings depending on the context. A common form of claim

by the Godmen is that they can heal people by magic. In some states like Maharashtra

claiming to heal by magic remedies is illegal.5 Taking payments for treating someone

magically and not being able to do so institutes into a crime6/7.

Regarding astrology different views exist in India. Among men with a scientific temper;

astrology is thought of as a pseudo-science.8While Bombay HC in a recent judgement has

established that astrology is a 4000 year old science.. Astrology indeed has existed in India

1 P.N Bhargava and Ors. Vs UGC and Anr AIR 2004 SC 3 478.2 Municipal Code of the City of Los Angeles, State of California, USA 1932 ss 43.30, 43.31 3 "God-man". Oxford Dictionaries. http://www.oxforddictionaries.com/definition/english4 James G. Lochtefeld ,The Illustrated Encyclopaedia of Hinduism (2002) 253. 5 Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and

Aghori Practices and Black Magic Act 20136 Sri Bhagwan S.S.V.V.V. Maharaj v. State of Andhra Pradesh AIR 1999 2 3327 Indian Penal Code 1860 ss 415, 4208 Paul R. Thagard, 'Why Astrology is a Pseudoscience' [1978] PSA 2

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for very long. Even though it quite contrasts with the findings of western science; it is

considered to be a science because it is associated with the observation of heavenly bodies

and drawing inferences from it9. Similar is the case with palmistry and other such methods to

foresee the future. This is where the question arises that whether a person can be held liable

for making wrong predictions. Are the astrologers and others under any form of contract10

with us? If yes then under which law will the offender11 be held liable and will it be a

violation of right in personam12?

Prophets are defined as men who speak the voice of God and can see the future. Throughout

history man has been a witness to many prophets including Moses, Jesus Christ,

Muhammad13 among others. The words they spoke were considered to be the voice of God14

and were so written in their respective religious books. But times have changed and man likes

to question everything. Men who now pose as agents of God and give their prophecies are

questioned. The biggest question which comes into picture is; what is then the legal standing

of the prophecies of such men. Do they owe a duty of care 15towards their client for their

services? Can they be held liable16 for the delivering a wrong prophecy? If so, then how will a

9D Parthasarathy and R. Robinson, ‘Science, Astrology, and Democratic Society’ 2001 E&PW 3186 10 Indian Contracts Act 1872 s2(h)11 Code of Criminal Procedure 1908 s357 12 Ratanlal and Dhirajlal, Law of Torts (26th Edition) 513 Wheeler, Brannon M., Prophets in the Quran: an introduction to the Quran and Muslim

exegesis. Comparative Islamic studies (Continuum International Publishing Group 2002)14 Peters, F.E., The Words and Will of God (Princeton University Press) 12–13.15 Clerk & Lindsell, Torts (19th Edition)16 LEGALLY LIABLE, Black's Law Dictionary (2nd edition)

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person decide whether a prophecy is correct or not. Under what ambit of law will they be

held liable? Will the damaged be awarded17?

There exists another form of prediction based on quantitative analysis of past and present

data. Best examples of quantitative predictions include weather forecasts and stock market

trading. Both are predictions made by cumbersome calculations. But it does not mean that

they cannot be wrong. A person may suffer a personal injury18 due to a wrong forecast19/20.

But will making a wrong forecast constitute to a tortious liability21?

This project will try to answer to all these questions. In India, the law of tort is not developed

to its full extent therefore there have been negligible amount of cases of this concern.

Nevertheless, there will be a comparative study between the laws in India and other countries

regarding the subject.

17 Charles Sweet, A dictionary of English Law 7918 IPC 1860 s14419 Ingham v. U.S. FD 1967 USSC 227 20 Brandt v. The Weather channel FD 1999 USSC 43321 Winfield and Jolowicz, Law on Tort (18th Edition) 1-4

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BREACH OF CONTRACT AND BREACH OF DUTY FOR GIVING INCORRECT PREDICTIONS AND

PROPHECIES

A contract has a few essential points which need to be fulfilled before it is considered to be a

legal contract. There are three major necessities in a contract which are: acceptance

communication and revocation. The first essential condition is regarding the communication

of the contract.

“The communication of a proposal is complete when it becomes to the knowledge of the

person to whom it is made. The communication of an acceptance is complete as against the

proposer, when it is put in a course of transmission to him so at to be out of the power of the

acceptor; as against the acceptor, when it comes to the knowledge of the proposer. The

communication of a revocation is complete as against the person who makes it, when it is put

into a course of transmission to the person to whom it is made, so as to be out of the power of

the person who makes it; as against the person to whom it is made, when it comes to his

knowledge22.”

In this current area of discussion we have to determine whether the act of prediction and

prophecy has a proper communication i.e. whether the communication is expressed or

implied by the offeror. In an ideal case of astrology (the most common form of prediction) a

man comes to the astrologer to listen about his future. The astrologer makes an offer and the

22 Indian Contract Act 1872(ICA 1872), s 4

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customer may accept the offer or further negotiate. Finally the offer is accepted and we can

move on the next essential prerequisite for a contract.

Now when the acceptance has been given so that it is unconditional and absolute we can

move to the legality of the contract.

“All agreements are contracts if they are made by the free consent of parties competent to

contract, for a lawful consideration and with a lawful object, and are not hereby expressly

declared to be void. Nothing herein contained shall affect any law in force in India, and not

hereby expressly repealed, by which any contract is required to be made in writing or in the

presence of witnesses, or any law relating to the registration of documents.”23

The biggest consideration here is whether practising astrology is legal in India. It was held by

the Supreme Court in the famous case of P.M. Bhargava and Ors. Vs University Grants

Commission and Anr had decided that astrology is a science and it can be allowed as a

subject of study in the university24. In another case of Smt. Aarti Vs State of Punjab through

Principal Secretary and others it was decided that astrology as a science is well established

and it cannot be challenged even though people who pretend to be astrologers can be held

liable. In many other cases also astrology has been recognized as a profession.25/26 Therefore

the question whether astrology is a legal profession or not gets handled.

23 ICA 1872, s 1024 Bhargava (n 1)25 K. Sadasivam and another Vs B. Harikrishnan MLJ 2001 HCM 2 30026 Indra Sawhney Vs Union of India (UOI) and Ors. SCC 1992 SC 3 413

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But even after giving the consent by a reasonable man few conditions still need to be checked

in a contract. Section 14 defines free consent as:

“Consent is said to be free when it is not caused by –

(1) Coercion, as defined in section 15, or

(2) Undue influence, as defined in section 16, or

(3) Fraud, as defined in section 17, or

(4) Misrepresentation, as defined in section 18, or

(5) Mistake, subject to the provisions of section 20, 21, and 22. Consent is said to be so

caused when it would not have been given but for the existence of such coercion, undue

influence, fraud, misrepresentation, or mistake27.”

The point which we must consider here is part 3 of the section i.e. regarding fraud.

Fraud has been defined in the act as:

“"Fraud" means and includes any of the following acts committed by a party to a contract, or

with his connivance, or by his agents, with intent to deceive another party thereto his agent,

or to induce him to enter into the contract;

(1) the suggestion as a fact, of that which is not true, by one who does not believe it to be

true;

(2) the active concealment of a fact by one having knowledge or belief of the fact;

(3) a promise made without any intention of performing it;

(4) any other act fitted to deceive;

27 ICA 1872, s 14

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(5) any such act or omission as the law specially declares to be fraudulent28.”

Therefore a contract cannot be held valid if the astrologer understands that he is deceiving the

customer by inducing him to hear his future when he knows that he is unable to tell the

future. The astrologer is also liable if he knows that he will not be able to fulfill his promise.

But after considering all of the above if the astrologer and the customer have in good faith

come to an agreement out of free consent and mutual understanding then astrology can be

thought of as form of contract between the astrologer and the customer. Therefore the

astrologer should be held liable for the breach of contract on non compliance on his part of

the deal. But what exactly would be considered a breach of contract on the part of the

predictor. The predictor had undertaken to predict the future of his client. In other word he

had undertaken to advise his client. In other professions where the defendant is involved in

advising the plaintiff the plaintiff is held liable for giving a wrong advice. In Caparo

Industries Plc. Vs Dickman 29Lord Bridge had said about giving professional advices that the

defendant must use all his skill to give advice and the defendant can be held liable if due to a

direct consequence of the defendant’s prediction the plaintiff suffers any loss. In other

professions having the need to give advices like doctors30, solicitors31, architects32 and

auditors33 are held liable for breach of contract as well as the breach of duty on giving faulty

advice. Lord Goff had observed in Henderson vs Merett Syndicate Ltd34. that other

28 ICA 1872, s 1729 Caparo Industries Plc. Vs Dickman All ER 1990 1 56830 Fish (n 19)31 Groom (n 22)32 Bagot (n 24)33 Caparo (n 15)34 Henderson vs Merett Syndicate Ltd All ER 1994 3 506

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professions apart from the medical profession should be held liable for breach of contract and

breach of duty for giving faulty advice.

It is known to us that the same wrongful act can amount to a breach of contract as well as a

breach of duty35. Other professionals who are under a contract can also be held for the breach

of duty like in the case of solicitors, doctors and other such people who are under a contract

to skillfully discharge their duty undertaken in regards to the customer36. In our case a

predictor is also liable to give skillful recommendations to the customer. But what can be

held to be skillful recommendations? Will making a wrong prediction amount to a legal

wrong i.e. a breach of duty?

It is of importance to note here that an inn keeper37, doctor38 is held liable for unskillfully

doing their job. Earlier newer jobs of solicitor39 and architects40 were kept out of ambit of the

breach of duty. But after the advancement of the area of torts this discrepancy has since been

removed41.

When professionals like solicitors and auditors can be held liable for giving a wrong advice

then there is no reason why a man who says he can predict the future of his client be not held

liable for the breach of duty in giving a wrong prediction or prophecy. Giving a wrong

35 Coupland vs Arabian Gulf Co. Ltd. All ER 1986 CA 3 226.36 Ratanlal and Dhirajlal, Law of Torts (26th Edition, Lexis Nexis).37 Constantine vs Imperial Hotel Service All ER 1944 2 171.38 Fish vs Kapur All ER 1948 2 176.39 Groom vs Crocker All ER 1938 2 384.40 Bagot vs Stevens Scanlar and Co. All ER 1964 3 577.41 Fleming, Law of Torts (6th Edition)

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prediction may cause harm to the plaintiff. Therefore a person giving a wrong prediction and

a prophecy should be held liable for both the breach of contract as well as the breach of duty.

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COMPARISION BETWEEN THE LEGAL STATUS OF PREDICTIONS AND PROPHECIES IN US AND UK

WITH INDIA.

Liability in the area of prediction, prophecies or forecast is still not defined clearly in India.

Same goes with many other countries in the world. There hasn’t been any substantial case

regarding this anywhere in the world. In India we have Godmen, astrologers, yogis etc. who

make predictions and try to provide solutions to people which are illogical and still people are

convinced that they have the remedy. But, when they go wrong no law dictates what the legal

scenario should be.

Even in the US there is no law which dictates tortious liability for a wrong prediction. But,

there is a law which can fix the liability in certain cases. For government employees, liability

for any “misrepresentation” even in weather forecasting is prohibited under FTCA42. In

general, there is no liability for providing information in the US. To hold anyone liable in US

for a wrong prediction it needs to be proved that negligence has been a part of making that

prediction. The burden of proof lies on the plaintiff in such cases as well. In Barite v. US43

where the plaintiff lost his wife and five children washed away in the tornado pleaded for a

fair compensation for the negligence of weather forecast which eventually proved out to be

wrong but he didn’t get any compensation because he could not prove negligence on their

part. Further testimony by an expert provided that the weather forecast was more or less

reasonable at the point of time. It was also noted that if the harm is done it cannot be

decisively said that a tort has been committed. Similarly, a ship sank during a storm near the

42 The Federal Torts Claims Act 1946.43 Bartie v. United States W.D. 1963 LA .

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Texas coast in the early morning44. Even in this case the weather forecast company was not

held liable for a wrong weather forecast on the grounds that it was a reasonable prediction on

the defendant’s part. Also the defendant questioned the authenticity of the testimony that the

sailors were exclusively dependant on weather forecast and listened to their particular

forecast.

There are many other cases relating to wrong weather forecast where the defendant was not

held liable. Major part other than that of negligence which is hard to prove is whether the

plaintiff listened to the forecast or not.

Aviation cases are an open and shut case in some matters as government employees are

protected under the statute45. But luckily, there have been a few cases where damages were

awarded46. In this case a single-engine aircraft was crashed on a busy airport due to a cryptic

and wrongly predicted message given by the controller. The trial court held that it was the

pilot’s negligence but when the matter went on appeal it was held that the controller had the

duty to estimate correct time for take-off to direct the pilot accordingly. Also, that the

controller had a legal duty to warn the pilot of the possible dangers. Other cases were also

found which has a similar result47/48. From these cases it is evident that even a wrong

prediction can lead to a person’s death so this area of tort should be developed in India as

well.

44 Chanon v. United States S.D. 1972 TEX.45 FTCA 194646 Hartz v. United States 1968. 47 Furumizo v. United States 1965.48 Yates v. United States 1973.

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Another interesting area of tortious liability for wrong predictions can be that of stock

brokers. Stock brokers are agents who suggest people to buy shares on their business acumen

but if they go wrong liability will arise. There is certain standard by which a broker has to

work and such standards have been imposed on a stockbroker by bodies such as the

Association of Chartered Institute of Stockbrokers, the Investment Dealers Association and

the Canadian Security Institute etc. Broker found in violation of these standards can be held

liable. Brokerage firms for that matter can also be held vicariously liable.49

According to the American tort law, “Unless he represents that he has greater or less skill or

knowledge, one who undertakes to render services in the practice of a profession or trade is

required to exercise the skill and knowledge normally possessed by members of that

profession or trade in good standing in similar circumstances50.”

In other words a stockbroker needs to have reasonable skills which are required for the trade.

And if it is found that the broker didn’t function is a way he was supposed to, he can be held

liable. But if the prediction so made is not negligent and made in honest faith, the liability

will not arise. Also, it is the duty of a broker to make “suitable” recommendations. The duty

dictates that, “In recommending to a customer the purchase the sale or exchange of any

security, a member shall have reasonable grounds for believing that the recommendation is

suitable for such customer upon the basis of facts, if any, disclosed by such customer to his

49 Northey-Taylor v. Casey A.J. 2007 QB. 256 .50 Restatement (second) of Torts 1965 229A

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other security holdings and as to his financial situation and needs51.” Even in India

stockbrokers can be held liable for the same. At least in the matter of trade Indian laws are

developed well enough.

India does not have laws for wrongful prophecies or predictions but it does have for the

wrongful gain out of superstitious acts. Like in Maharashtra52 there is a legislation against

superstitious acts which includes making financial profits by displaying so called miracles. In

Karnataka 53a bill had been drafted following the footsteps of Maharashtra54.

51 NASD’s Rule of Fair practices http://www.investopedia.com/terms/r/rulesoffairpractice.asp

(viewed on 15/02/2015).52 The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil

and Aghori Practices and Black Magic Act 2013.53 Karnataka Prevention of Superstitious Practices Bill 2013.54 Anti-Superstition Laws in India – iPleaders http://blog.ipleaders.in/antisuperstition/

(viewed on 15/02/2015).

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CONCLUSION

It has been established in the project that there are damages that arise out of faulty/negligent

predictions and prophecies, and these damages may range in any number as has been shown

by various cases cited in the project. I would like to conclude the project by saying that there

is an imperative need to develop all the laws related to the issue of negligent prediction and

prophecies in India. It has been shown by comparison with various torts law of other

countries that there are better ways to deal with this issue, and that way is amendments to the

tort laws related to this issue and a better interpretation of them which should be done in a

stricter way. There props up a bigger need to come up with amendments to torts law dealing

with this issue in our country because of the peculiar situation of our country where we

regularly deal with damages that arose out of superstitious prediction and prophecies,

wherein it is a big, blooming industry with absolutely no liability attached to it. We have had

various instances of superstition blooming and adversely affecting our country like in the

case of ‘Nirmal Baba’ wherein his prophecies led to a to widespread promotion of

superstition and ultimately led to severe damages to certain individuals, the sad thing is that

this industry blooms on the damages caused to individuals. Hence it can be concluded by

saying that there is an urgent need of better laws on this particular issue, the researcher would

also like to show that there have been steps to deal with this issue like in the instances of

Superstition laws which were drafted in 2013 by Karnataka and implemented by Maharashtra

in 2013 and an ordinance passed by the Maharashtra Government on the same issue, these

steps could go a long way, but there is still a need of better laws. So, it can be conclusively

said that tortious liabilities being an uncharted territory needs to be discovered step by step by

the lawmakers.

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INDEPENDENT ANALYSIS

Laws in India are unrealistically underdeveloped when it comes to the realm of predictions

and prophecies. There is a need to make amendments in the current tort laws that govern the

realm of prediction and prophecies in India. When comparing to the laws in US it was found

that liabilities there are fixed according to respective statutes and similar cases can be found

where compensation was awarded. But, in India, sadly no such instances and cases have been

found when the reality is that India has ten times more instances of people being adversely

affected by such superstitious practices than the United States, or any other country for that

matter. Our backwardness on the issue of Superstition and laws related to it can be shown in

by the Superstition laws which were drafted in 2013 by Karnataka and implemented by

Maharashtra in 2013 have similar provisions that were available in The Witchcraft Act 1542

enacted by King Henry VIII. This shows that lot of development regarding laws is

imperatively needed.

To gain a better legal scenario laws should be made inspiring from

the existing laws in other countries. It has been established in project that there are damages

that arise out of the negligent practice of prediction and prophecies, and in our country, there

are instances where these damages are astronomical in nature, therefore, the researcher as a

law student has tried to give a few recommendation regarding the development of laws in the

area of predictions and prophecies, which are –

Laws for the regulation of Astrology, Fortune telling and similar businesses should be

made and liabilities thus arising should be discussed.

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Negligent weather forecast should be a punishable offence irrespective of the private

or a government authority.

Fraudulent acts of predicting future in order to make financial gain should be made a

criminal offence.

Astrology and similar businesses should also be conducted as per the laws of contract.

Public awareness schemes should be introduced by the government regarding this.

Professions which do not comply with reasonable standards of conduct should be held

as illegal.

A detailed study regarding the condition of laws regarding predictions and prophecies

in other common law countries should be conducted to draw inspiration from them.

Theses recommendation can go a long way in solving the problem related to negligent

prediction and prophecies. These act come under the ambit of a bigger problem we are facing

in India i.e Superstition, which is something that is eating our nation’s roots, a small step to

eradicate it one by one would go a long way to eradicate it completely out our nation. We

would be able to live the dream of rationalist like Narendra Dhabholkar who was mercilessly

murdered on the street of Mumbai, four days before the ordinance on Anti – Superstition and

Black magic was passes in the state. I, while making the project realized that this is not just a

problem that begins and end under the ambit of the Tort law, this is national problem of

greater importance and hence treading on the lines of martyrs like Mr. Dabolkar, we need to

fight this problem in our own capacity, I consider this project that highlights the

shortcomings in the law of Torts dealing with this subject and recommend ways to deal with

these problems, as a small step toward eradicating the vicious problem of superstition in our

country.

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BIBLIOGRAPHY

Cases

Bagot vs Stevens Scanlar and Co. All ER 1964 3 577.............................................................12

Bartie v. United States W.D. 1963 LA ....................................................................................14

Brandt v. The Weather channel FD 1999 USSC 433.................................................................7

Caparo Industries Plc. Vs Dickman All ER 1990 1 568..........................................................11

Chanon v. United States S.D. 1972 TEX.................................................................................15

Constantine vs Imperial Hotel Service All ER 1944 2 171.....................................................12

Coupland vs Arabian Gulf Co. Ltd. All ER 1986 CA 3 226....................................................12

Fish vs Kapur All ER 1948 2 176............................................................................................12

Furumizo v. United States 1965...............................................................................................15

Groom vs Crocker All ER 1938 2 384.....................................................................................12

Hartz v. United States 1968.....................................................................................................15

Henderson vs Merett Syndicate Ltd All ER 1994 3 506..........................................................11

Indra Sawhney Vs Union of India (UOI) and Ors. SCC 1992 SC 3 413...................................9

Ingham v. U.S. FD 1967 USSC 227...........................................................................................7

K. Sadasivam and another Vs B. Harikrishnan MLJ 2001 HCM 2 300....................................9

Northey-Taylor v. Casey A.J. 2007 QB. 256 ..........................................................................16

P.N Bhargava and Ors. Vs UGC and Anr AIR 2004 SC 3 478.................................................5

P.N Bhargava and Ors. Vs UGC and Anr AIR 2004 SC 3 478.................................................5

P.N Bhargava and Ors. Vs UGC and Anr MANU/SC/0454/2004............................................5

Sri Bhagwan S.S.V.V.V. Maharaj v. State of Andhra Pradesh AIR 1999 2 332.......................5

Sri Bhagwan S.S.V.V.V. Maharaj v. State of Andhra Pradesh, MANU/SC/0402/1999...........5

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Yates v. United States 1973......................................................................................................15

Statutes

Code of Criminal Procedure 1908 s357.....................................................................................6

ICA 1872, s 10...........................................................................................................................9

ICA 1872, s 14.........................................................................................................................10

ICA 1872, s 17.........................................................................................................................11

Indian Contract Act 1872(ICA 1872), s 4..................................................................................8

Indian Contracts Act 1872 s2(h)................................................................................................6

Indian Penal Code 1860 ss 415, 420..........................................................................................5

IPC 1860 s144............................................................................................................................7

Karnataka Prevention of Superstitious Practices Bill 2013.....................................................17

Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and

Aghori Practices and Black Magic Act 2013........................................................................5

Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and

Aghori Practices and Black Magic Act, 2013........................................................................5

Municipal Code of the City of Los Angeles, State of California, USA 1932 ss 43.30, 43.31..5

Restatement (second) of Torts 1965 229A...............................................................................16

Section 2(h), Indian Contracts Act (1872).................................................................................6

Section 357 of the Code of Criminal Procedure........................................................................6

Section 415 and 420, IPC...........................................................................................................5

Section 44 IPC............................................................................................................................7

The Federal Torts Claims Act 1946.........................................................................................14

Other Authorities

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Section 43.30 and 43.31, Chapter 4, Article 3, Municipal Code of the City of Los Angeles,

State of California, USA (1932).............................................................................................5

Books

A dictionary of English Law by Charles Sweet p.79.................................................................7

Charles Sweet, A dictionary of English Law 79.........................................................................7

Fleming, Law of Torts (6th Edition)..........................................................................................12

James G. Lochtefeld (2002). The Illustrated Encyclopaedia of Hinduism: A-M. The Rosen

Publishing Group. p. 253. ISBN 978-0-8239-3179-8........................................................5, 7

James G. Lochtefeld ,The Illustrated Encyclopaedia of Hinduism (2002) 253........................5

Peters, F.E. (2003). The Words and Will of God. Princeton University Press. pp. 12–13........6

Peters, F.E., The Words and Will of God (Princeton University Press) 12–13..........................6

Ratanlal and Dhirajlal Law of Torts by Justice G. P Singh, p.5................................................6

Ratanlal and Dhirajlal, Law of Torts (26th Edition) 5.................................................................6

Ratanlal and Dhirajlal, Law of Torts (26th Edition, Lexis Nexis).............................................12

Wheeler, Brannon M. (2002-06-18). Prophets in the Quran: an introduction to the Quran and

Muslim exegesis. Comparative Islamic studies. Continuum International Publishing Group.

................................................................................................................................................6

Wheeler, Brannon M., Prophets in the Quran: an introduction to the Quran and Muslim

exegesis. Comparative Islamic studies (Continuum International Publishing Group 2002). 6

Winfield and Jolowicz on Tort, 18th Edition by W.V.H Rogers 1-4.........................................7

Winfield and Jolowicz, Law on Tort (18th Edition) 1-4............................................................7

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