| Citation | 92 ER 126, Volume 92 |
| Date of Judgment | 1 January 1703 |
| Court | Court of King’s Bench |
| Plaintiff | Ashby |
| Defendant | White |
| Bench | Holt CJ, Powell J, Powy J, Gould J. |
| Referred | Tort Law, Legal maxim: Damnum Sine Injuria, Injuria sine damnum means and Ubi jus ibi remedium means |
FACTS OF THE CASE
In this case, a complaint was filed against Mr. White, who was a constable. An election was being conducted in Aylesbury. During elections, Mr. Ashby, who was a cobbler, went for voting. He was aggrieved by the actions of a police constable as he stopped him from voting. The constable stated that he was not a settled inhabitant of the state, despite of Mr. Asby being a qualified voter and a legitimate citizen of the country. Although, the party to whom the plaintiff wanted to give a vote eventually won.
ISSUES
Whether a person can claim rights over injury suffered by him due to the action of another person?
ARGUMENTS
The Plaintiff side argued that Mr. Ashby was a qualified voter and no one took his voting right despite of any circumstances. As a dignified citizen, Mr. White cannot aggrieve him by stopping him from voting. The defendant side argued that Mr. Asby did not suffer any damage as the party to whom he was going to vote eventually won the election. Which means that not giving one vote to Mr. Ashby didn’t make any difference.
JUDGEMENT
The court held that the legal maxim injuria sine damnum will apply in this case,which means injury without damage as there was a violation of legal rights, even though there were no physical damages done to the plaintiff. And as per ubi jus ibi remedium, in violation of legal rights, a remedy must be given.
REFERENCES
This Article is written by Palak Kumari of Maharaja Agrasen Institute of Management Studies, Intern at Legal Vidhya.
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