Quia Timet - Indian Laws - General

Quia Timet A quia timet action has been described in Black s Law Dictionary as follows: Quia Timet. Because he fears or apprehends. In equity practice, the technical name of a bill filed by a party who seeks the aid of a court of equity, because he fears some future probable injury to his rights or interests, and relief granted must depend on circumstances. The leading judgment referred to insofar as quia timet actions are concerned is the judgment in Fletcher v. Bealey (1884) 28 Ch. D. 688. In this case, a quia timet action was asked for to interdict the tort of nuisance in order to prevent noxious liquid from flowing into a river. Pearson, J. after referring to earlier judgments on quia timet action then held at page 698: I do not think, therefore, that I shall be very far wrong if I lay it down that there are at least two necessary ingredients for a quia timet action. There must, if no actual damage is proved, be proof of imminent danger, and there must also be proof that the apprehended damage will, if it comes, be very substantial. I should almost say it must be proved that it will be irreparable, because, if the danger is not proved to be so imminent that no one can doubt that, if the remedy is delayed, the damage will be suffered, I think it must be shewn that, if the damage does occur at any time, it will come in such a way and under such circumstances that it will be impossible for the Plaintiff to protect himself against it if relief is denied to him in a quia timet action. KEISHAM MEGHACHANDRA SINGH VERSUS THE HON BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY ORS.- 2020 (1) TMI 1174 - SUPREME COURT