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Report No. 92

3.4. Another incidental point-Effect of refusal to award damages.-

At the same time, it is necessary to provide that the refusal by the High Court of the claim for damages, under the above provision1 shall not be a bar to the institution of a regular civil suit for damages in a competent court. Some such provision appears to be advisable, since refusal of the nature contemplated would be not on the merits or by reason of any mandatory statutory bar, but would be attributable to the inconvenience of deciding a claim for damages in the proceeding under Article 226. We are not suggesting any draft for the purpose, but the gist of the provision would be as above.

1. Para. 3.3, supra.

Damage in Applications for Judicial Review - Recommendations for Legislation Back

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