Court : Rajasthan
Decided on : Jan-04-1974
Reported in : AIR1975Raj40; 1974(7)WLN63
..... that actual temporal loss must be alleged with certainty and precision in all cases of the kind. they further pointed out that it is also an ancient and established rule of pleading that the question of generality of pleading must depend on the general subject-matter. a number of cases were referred to ..... from particular customers or persons, then that may fall under the category of a special damage. 19. here i revert to para 224 from halsbury's laws of england already extracted in full. learned counsel argued that the present case falls in the category of examples of special damage given in this para, ..... other hand is damage of such a kind that it will not be presumed by law and must therefore be explicitly alleged in the pleadings so that the defendant may have due notice of the nature of the claim, otherwise the plaintiff ..... of some kind, be it in reputation or otherwise. but it is recognised on all hands that general damage is a kind of damage which the law presumes to follow from the wrong complained of and which, therefore, need not be expressly set out in the plaintiff's pleadings. special damage on the ..... and where there is no presumption in the plaintiff's favour, he can only show this by giving evidence of some special damage. 8. according to salmond on the law of torts (15th edition,) damages are classified in several ways; (i) nominal or real, fii) real damages, (iii) general or special damages: (iv) compensatory, .....Tag this Judgment!