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History of paramedicine Early history Throughout the evolution of what we now call paramedicine, there has been an ongoing association with military conflict. One of the first indications of a formal process for managing injured people dates from the Imperial Legions of Rome, where aging Centurions, no longer able to fight, were tasked with organizing the removal of the wounded from the battlefield and providing some form of care.

Such individuals, although not physicians, were probably among the world’s earliest surgeons, suturing wounds, completing amputations, and not through training, but by default. This trend would continue throughout the Crusades, with the Knights Hospitallers of the Order of St. John of Jerusalem, known throughout the British Commonwealth today as St. John Ambulance, filling a similar function. The first vehicle that was specifically designed as an ambulance was created during the Napoleonic War, and called the ambulance volante.

Created by Napoleon’s Chief Surgeon, Baron Dominique Jean Larrey, this new horse-drawn contrivance was intended to transport the wounded rapidly to surgeons, waiting at the rear.

Such vehicles were seen by the military as a general resource, and care of the wounded was not given much priority; it was not uncommon for such vehicles to be tasked with carrying fresh ammunition to the battlefront, before they transported the wounded back.

The basic design of such vehicles remained unchanged for nearly 100 years. Early civilian ambulance services While communities had organized to deal with the care and transportation of the sick and dying as far back as the plague in London, England (1598, 1665), such arrangements were typically temporary. In time, however, such arrangements began to formalize and become permanent. During the American Civil War, Jonathan Letterman had devised a system of forward first aid stations at the regimental level, where principles of triage were first instituted. Letterman, with the rank of major, served as the medical director of the Army of the Potomac. He established mobile field hospitals to be located at division and corps headquarters. The United States Army had reeled from inefficient treatment of casualties, in part because of the adoption of new firearm technology such as breech-loading rifles and Mini ball systems. Letterman established mobile field hospitals to be located at division and corps headquarters. This was all connected by an efficient ambulance corps, established by Letterman in August 1862, under the control of medical staff instead of the Quartermaster Department.

Letterman also arranged an efficient system for the distribution of medical supplies. His system was adopted by other Union armies and was eventually officially established as the medical procedure for the entirety of the United States’ armies by an Act of Congress in March 1864. Following the American Civil War, some veterans began to attempt to apply what had they had seen on the battlefield to their own communities, through the creation of volunteer life-saving squads and ambulance corps. This translation to civilian use did not occur in the same way everywhere; in Britain, early civilian ambulances were often operated by the local hospital or the police, while in some parts of Canada, it was common for the local undertaker (having the only transport in town in which one could lie down) to operate both the local furniture store (making coffins as a sideline) and the local ambulance service. In larger centers in various countries, such services might fall to the local Health Department, the Police, the Fire Department, or some combination of all of the above. Once again, the civilian model followed the lead of the military; although there were a handful of motorized ambulances just prior to the First World War (19141918), the concept of motorized ambulances was proven first on the battlefield, and spread rapidly to civilian systems immediately following the war. There is some debate as to when the first formal training of “ambulance attendants” began. The generally accepted belief is that this occurred in the United States, at Roanoke, Virginia, with the Roanoke Life Saving and First Aid Crew, under Julian Stanley Wise, in 1928. While this may have been true of the U.S., Canadian records indicate the members of the Toronto Police Ambulance Service received a mandatory five days of training, conducted by St. John, as early as 1889 , and well developed printed manuals, clearly beyond the scope of simple first aid, were present in England even earlier. In terms of advanced skills, it is known that, once again, the military led the way. During the Second World War (1939-1945) and the Korean Conflict, battlefield ‘medics’ were administering painkilling narcotics by injection, as emergency procedures, and ‘pharmacists’ mates’ on warships without physicians were permitted to do even more. Korea also marked the first widespread use of helicopters to evacuate the wounded from forward positions to medical units, coining the phrase ‘medevac’. These innovations would not find their way into the civilian sphere for nearly twenty more years. Pre-hospital medicine By the early 1960s experiments in improving care had begun in some civilian centres. The first such experiment involved the provision of pre-hospital cardiac care by physicians in Belfast, Northern Ireland, in 1966 .

This was repeated in Toronto, Canada in 1968, using a single ambulance called Cardiac One, staffed by a regular ambulance crew, plus a hospital intern, who was tasked with performing the advanced procedures. While both of these experiments had certain levels of success, technology had not yet reached the required level (the Toronto ‘portable’ defibrillator/heart monitor was powered by lead-acid car batteries and weighed nearly 100 lbs.). The required telemetry and miniaturization technologies already existed in the military, and particularly in the space program, but it would take several more years before they found their way to civilian applications. In North America, physicians were judged to be too expensive to be used in the pre-hospital setting, although such initiatives were implemented, and in some cases still operate, in the United Kingdom, Europe, and Latin America. Around 1966 in a published report entitled “Accidental Death and Disability: The Neglected Disease of Modern Society”, (known in EMS trade as the White Paper) medical researchers began to reveal, to their astonishment, that soldiers who were seriously wounded on the battlefields of Vietnam had a better survival rate than those individuals who were seriously injured in motor vehicle accidents on California freeways. Early research attributed these differences in outcome to a number of factors, including comprehensive trauma care, rapid transport to designated trauma facilities, and a new type of medical corpsman, one who was trained to perform certain critical advanced medical procedures such as fluid replacement and airway management, which allowed the victim to survive the journey to definitive care. As a result, a series of grand experiments began in the United States. Almost simultaneously, and completely independent from one another, experimental programs began in three U.S. centers; Miami, Florida, Seattle, Washington, and Los Angeles, California, the first of these to go from being an experiment, to being a working unit, was in Los Angeles, with the passage of the Wedsworth-Townsend Act, other states would soon push their own Paramedic bills through, and soon, every fire department in every major city in the country had their own paramedic squads. Each was aimed at determining the effectiveness of using firefighters to perform many of these same advanced medical skills in the pre-hospital setting in the civilian world. Many in the senior administration of the Fire Departments were initially quite opposed to this concept of ‘firemen giving needles’, and actively resisted and attempted to cancel pilot programs more than once. The public discovers paramedicine In a curious example of ‘life imitating art’, television producer Robert A. Cinader, working for producer Jack Webb of Dragnet and Adam-12 fame, happened to be in Los Angeles’ UCLA Harbor Medical Center, doing background research for a proposed new TV show about doctors, when he happened to encounter these ‘firemen who spoke like doctors and worked with them’. This novel idea would eventually evolve into the Emergency! television series, which ran from 1972 to 1977, portraying the exploits of a new group called ‘paramedics’. The show captured the imagination of emergency services personnel, the medical community, and the general public. When the show first aired in 1972, there were exactly six paramedic units operating in three pilot programs in the whole of the United States. No one had ever heard the term ‘paramedic’; indeed, it is reported that one of the show’s actors was initially concerned that the ‘para’ part of the term might involve jumping out of airplanes. By the time the program ended production in 1977, there were paramedics operating in every state. The show’s technical advisor was a pioneer of paramedicine, James O. Page, then a Battalion Chief responsible for the paramedic program, but who would go on to help establish other paramedic programs in the U.S., and to become the founding publisher of the Journal of Emergency Medical Services (JEMS). Evolution and growth Throughout the 1970s and 80s, the field continued to evolve, although in large measure, on a local level. In the broader scheme of things the term ‘ambulance service’ was replaced by ‘emergency medical service’ in order to reflect the change from a transportation system to a system which provided actual medical care. The training, knowledge base, and skill sets of both Paramedics and Emergency Medical Technicians (both competed for the job title, and ‘EMT-Paramedic’ was a common compromise) were typically determined by what local medical directors were comfortable with, what it was felt that the community needed, and what could actually be afforded. There were also tremendous local differences in the amount and type of training required, and how it would be provided. This ranged from in service training in local systems, through community colleges, and ultimately even to universities. In the U.S. the community college training model remains the most common, although university-based paramedic education models continue to evolve. These variations in both educational approaches and standards led to tremendous differences from one location to another, and at its worst, created a situation in which a group of people with 120 hours of training, and another group (in another jurisdiction) with university degrees, were both calling themselves ‘paramedics’, there were some efforts made to resolve these discrepancies. The National Association of Emergency Medical Technicians (NAEMT) along with National Registry of Emergency Medical Technicians (NREMT) attempted to create a national standard by means of a common licensing examination, but to this day, this has never been universally accepted by U.S. States, and issues of licensing reciprocity for paramedics continue, although if a EMT obtains certification through NREMT (NREMT-P, NREMT-I, NREMT-B), this is accepted by 40 of the 50 states in the United States. This confusion was further complicated by the introduction of complex systems of gradation of certification, reflecting levels of training and skill, but these too were, for the most part, purely local. The only truly common trend that would evolve was the relatively universal acceptance of the term ‘Emergency Medical Technician’ being used to denote a lower lever of training and skill than a ‘Paramedic’. In the UK, Paramedics are being developed further, so a basic qualification of a Paramedic is a foundation degree or diploma at university. Paramedics in the UK can now develop further to “Emergency Care Practitioner” and “Critical Care Practioners”, providing extra clinical skills to their patients. During the evolution of paramedicine, a great deal of both curriculum and skill set was in a state of constant flux. Permissible skills evolved in many cases at the local level, and were based upon the preferences of physician advisers and medical directors. Treatments would go in and out of fashion, and sometimes, back in again. The use of certain drugs, Bretylium for example, illustrate this. In some respects, the development seemed almost faddish. Technologies also evolved and changed, and as medical equipment manufacturers quickly learned, the pre-hospital environment was not the same as the hospital environment; equipment standards which worked fine in hospitals could not cope well with the less controlled pre-hospital environment. Physicians began to take more interest in paramedics from a research perspective as well.

By about 1990, most of the ‘trendiness’ in pre-hospital emergency care had begun to disappear, and was replaced by outcome-based research; the gold standard for the rest of medicine. This research began to drive the evolution of the practice of both paramedics and the emergency physicians who oversaw their work; changes to procedures and protocols began to occur only after significant outcome-based research demonstrated their need. Such changes affected everything from simple procedures, such as CPR, to changes in drug protocols. As the profession of paramedicine grew, some of its members actually went on to become not just research participants, but researchers in their own right, with their own projects and journal publications. Changes in procedures also included the manner in which the work of paramedics was overseen and managed. In the earliest days of the field, medical control and oversight was direct and immediate, with paramedics calling into a local hospital and receiving orders for every individual procedure or drug. This still occurs in some jurisdictions, but is becoming very rare. As physicians began to build a bond of trust with paramedics, and experience in working with them, their confidence levels also rose. Increasingly, in many jurisdictions day to day operations moved from direct and immediate medical control to pre-written protocols or ‘standing orders’, with the paramedic typically only calling in for direction after the options in the standing orders had been exhausted. Medical oversight became driven more by chart review or rounds, than by step by step control during each call. Evolution in other jurisdictions In other places, the evolution of paramedicine occurred somewhat differently. In Canada, for example, there was an early, but unsuccessful attempt to introduce paramedicine. In 1972, a pilot paramedic training program occurred at Queen’s University, located in Kingston, Ontario. The program, intended to upgrade the mandatory 160 hours of training then required for ‘ambulance attendants’, was found to be too costly and premature. While the program operated for two years and produced a number of graduates, it would be more than a decade before the legislative authority for them to practice was put into place. The program then moved in another direction, providing 1,400 hours of training at the community college level, prior to commencing employment. This change was made mandatory in 1977, with formal certification examinations being introduced for the first time in 1978. Similar, but not identical, programs occurred at roughly the same time in the Province of Alberta, and in British Columbia, through its Justice Institute. Other Canadian provinces gradually followed, but with their own education and certification requirements. Advanced Care Paramedics were not introduced until 1984, when Toronto trained its first group internally, and the process continued to spread across the country.

The current model in Ontario calls for a two year community college based program, including both hospital and field clinical components, prior to designation as a Primary Care Paramedic, although this is gradually evolving in the direction of a university degree-based program. Some services, such as Toronto EMS, continue to train paramedics internally (indeed, Toronto EMS is accredited in its own right by the Canadian Medical Association as an Advanced Care Paramedic training academy). In the United Kingdom, ambulance services became largely municipal services, with some exceptions, shortly after the end of World War Two. Training was frequently conducted internally, although national levels of coordination led to better standardization of staff training. All public ambulance services are currently operated by regional entities, most often ‘trusts’, under the authority of the National Health Service. Tremendous standardization of training and permitted skills has also occurred. The UK model utilizes, two levels of ambulance staff. The first of these is ‘Ambulance Technician’. This role is not a paramedic, but more closely corresponds to the EMT role in the United States. Most services train these individuals internally, using a common curriculum. The second role is that of ‘Paramedic’. These are practitioners of advanced life support skills, similar to U.S. paramedics. Initially, many of these individuals were trained internally by the services that employed them, with the step to Paramedic being a logical career path progression for an experienced Ambulance Technician. Increasingly, this trend has moved toward training in the University system, with the entry level for Paramedics being an Honours Bachelor of Science degree in Pre-Hospital or Paramedic Care. Some British Paramedics have been further elevated, into the role of Paramedic Practitioner, a role that practices independently in the pre-hospital environment, in a capacity similar to that of a nurse practitioner, but with more of an acute care orientation. Some Paramedic Practitioners in the U.K. hold M.Sc. degrees. The growth of a new profession Today, the field of para medicine continues to grow and evolve into a formal profession in its own right, complete with its own standards and body of knowledge. What began as a concept of simple ‘technicians’ with a couple of weeks of training, performing procedures that they didn’t fully understand, has evolved into a career that in many cases (U.K., South Africa, Australia and increasingly the U.S. and Canada), requires a university education, and which is, in some locations actually evolving into a second tier medical practitioner. In many places, the practice of paramedics began as an extension of the supervising physician’s license to practice medicine. As such, they were absolutely subject to every condition that the physician placed on their practice. More recently, however, paramedics in both the U.K. and some Canadian provinces have been granted the legal status of self-regulated health professions. When this occurs, the individual paramedics are certified and licensed by a College of Para medicine, created by legislation but run by the paramedics themselves. This body sets standards, conducts licensing exams, deals with complaints regarding individual practitioners, and consults the government with respect to legislation, policy, and regulations. Paramedics are governing and regulating themselves; the true measure of a profession. In the U.S., paramedics are subject to regulation by individual states, and the degree and type of regulation, as well as paramedic participation in that process, varies from state to state. Places of work Paramedics are employed by a variety of different organizations, and the services provided by paramedics may occur under differing organizational structures, depending on the part of the world. In the United States, a paramedic can be employed by government agencies such as the Parks Service or the Coast Guard. They may also be employed as part of a public hospital system; in some cases working inside the hospital. They are most commonly employed as part of a municipal Emergency Medical Service, which may be free-standing “Third Service” (municipal department operating independently of other emergency services) option, or a part of some other public safety agency, such as a fire, police, or the health department. Paramedics may also be employed by private companies, some of which may have contractual emergency service provision commitments to local municipalities, corporations, mines, air ambulances, or racetracks or entertainment venues. Paramedics may also work on a volunteer basis, receiving no monetary compensation for their services (i.e. Volunteer Rescue Squad / Volunteer Fire Department and community response units). Another newly emerging field in the world of Emergency Medical Service is the role of Tactical Medics. Whose responsibility lies with providing care to injured and wounded SWAT officers in austere and extremely hazardous environments while under enemy fire. Highly specialized training is required to be known as an Emergency Medical Technician – Tactical. This career field is open to both basic and advanced level providers. In the UK, paramedics are typically employed by ambulance services, as a part of the National Health Service Trust system. An NHS Trust is, in effect, a type of public sector corporation, and most NHS health services, including both primary care and hospitals, are organized in this fashion. Service organization occurs regionally, with Ambulance Service Trusts typically covering several local Counties, and with 12 such Trusts currently providing coverage for the entire country. Ambulance Service in Wales operates on a similar system, while the Scottish Ambulance Service and Northern Ireland Ambulance Service are single entities provided by the Health Departments of their respective federal governments. Additional coverage, particularly for special events, may be provided by Voluntary Ambulance Services, including the British Red Cross and St. John Ambulance, or by private companies, but neither of these typically uses fully qualified paramedics. In Canada, paramedics are employed almost exclusively by publicly operated EMS systems. The manner in which such systems are organized and funded varies somewhat from province to province. The British Columbia Ambulance Service is organized as a branch of the provincial government, with that government providing services directly through a branch of the Ministry of Health. In Ontario, the provision of EMS has been allocated to Upper-tier municipalities (like U.S. Counties). Each of these provides its own EMS, and is free to operate the service directly as third service or, in rare cases, as a branch of the fire department, or to contract those services to a private business entity or a local hospital. In all of these cases, the provincial government accredits the services, and provides operating standards and some funding. In the Maritime Provinces the provincial governments have entered into long term contractual arrangements with a single private company for the operation of their EMS systems. Other Canadian provinces use still other approaches to the provision of service and the operating environment in which paramedics will work. In Australia, paramedics work exclusively for the State Ambulance Service, including Ambulance Victoria service (http://www.ambulance.vic.gov.au/), among others. Public ambulance services in Australia are exclusively third-service option. These services are operated directly by each of the states and territories. A separate service is provided for the Australian Capital Territory. Unlike the U.S., Australian paramedics are not typically employed in hospitals or the fire brigade. While there are a handful of private ambulance companies operating in Australia, these do not typically provide what would normally be described as ‘paramedic’ levels of service. In some centers, some paramedics have begun to specialize their practice. This specialization frequently is to some degree tied to the environment in which the paramedic will work. One of the earliest examples of this involved aviation medicine, and the use of helicopters. Another was the transfer of critical care patients between facilities.

While some jurisdictions still use physicians, nurses and technicians for this purpose, increasingly, this role falls to specially-trained, very senior and experienced paramedics, who perform this role as their primary job function. Other areas of specialization include such roles as tactical paramedics working in police tactical units, marine paramedics, hazardous materials (Hazmat) teams, and Heavy Urban Search and Rescue. Still others work in physical isolation, on offshore oil platforms, oil and mineral exploration teams, and in the military. In some cases, one can even find paramedics working on cruise ships. A new and evolving role for paramedics involves the expansion of their practice into the provision of relatively simple primary health care and assessment services. Examples of skills performed by paramedics Skills by certification level Although there is a great deal of variation in what paramedics are trained and permitted to do from region to region, some skills performed by paramedics include: Treatment issue Common technician skills Paramedic/advanced technician skills Advanced paramedic skills Airway management Manual and repositioning, Oro- and nasopharyngeal airway adjuncts, manual removal of obstructions, suctioning endotracheal intubation (in some cases, naso as well), advanced airway management, ETT, LMA, ETOA, and combitube, deep suctioning, use of Magill forceps Rapid sequence induction, surgical airways (including needle cricothyrotomy and others) Breathing Initial assessment (rate, effort, symmetry, skin color), obstructed airway maneuver, passive oxygen administration by nasal canula, rebreathing and non-rebreathing mask, active oxygen administration by Bag-Valve-Mask (BVM) device. pulse oximetry, active oxygen administration by endotracheal tube or other device using BVM Use of mechanical transport ventilators, active oxygen administration by surgical airway, decompression of chest cavity using needle/valve device (needle thoracostomy) Circulation Assessment of pulse (rate, rhythm, volume), blood pressure and capillary refill, patient positioning to enhance circulation, recognition and control of hemorrhage of all types using direct and indirect pressure and tourniquets Ability to interpret assessment findings in terms of levels of perfusion, intravenous fluid replacement, vasoconstricting drugs intravenous plasma volume expanders, blood transfusion, intraosseous (IO) cannulation (placement of needle into marrow space of a large bone), central venous access (central venous catheter by way of external jugular or subclavian) Cardiac arrest Cardiopulmonary resuscitation, airway management, manual ventilation with BVM, automatic external defibrillator Dynamic resuscitation including intubation, drug administration (includes anti-arrhythmics), ECG interpretation (may be limited to Lead II) Semi-automatic or manual defibrillator Expanded drug therapy options, ECG interpretation (12 Lead), manual defibrillator, synchronized mechanical or chemical cardioversion, external pacing of the heart Cardiac Monitoring Cardiac monitoring and interpretation of ECGs 12-lead ECG monitoring and interpretation 18-lead ECG monitoring and interpretation Drug administration Limited oral, limited aerosol, limited injection (usually IM) Intramuscular, subcutaneous, intravenous injection (bolus), IV drip per ETT, per rectal tube, per infusion pump Drug types permitted Low-risk/immediate requirements (e.g. ASA (chest pain), nitroglycerin (chest pain), oral glucose (diabetes), glucagon (diabetes), epinephrine (Allergic Reaction), ventolin (Asthma)). Note: Some jurisdictions also permit naloxone (Narcotic Overdose), nitrous oxide (for pain); considerable variation by jurisdiction Considerable expansion of permitted drugs, but still typically limited to about 20, including analgesics (narcotic or otherwise) (for pain), antiarrhythmics (irregularities in heartbeat), major cardiac resuscitation drugs, bronchodilators (for breathing), vasoconstrictors (to improve circulation), sedatives Dramatically expanded (up to 60) drug list, Note: In some jurisdictions advanced levels of paramedics are permitted to administer any drug, as long as they are familiar with it. Note: In some jurisdictions certain types of advanced paramedics have limited authority to prescribe. Patient assessment Basic physical assessment, ‘vital’ signs, history of general and current condition More detailed physical assessment and history, auscultation, interpretation of assessment findings, ECG interpretation, glucometry, capnography, pulse oximetry Interpretation of lab results, interpretation of chest x-rays, interpretation of cranial CT scan, limited diagnosis (e.g. rule out fracture using Ottawa ankle rules) Wound management Assessment, control of bleeding, application of pressure dressings and other types of dressings Wound cleansing, wound closure with Steri-strips, suturing Skills common to all EMTs and paramedics Spinal injury management, including immobilization and safe transport. Fracture management, including assessment, splinting, and use of traction splints where appropriate. Obstetrics, assessment, assisting with uncomplicated childbirth, recognition of and procedures for obstetrical emergencies, such as breech presentation, cord presentation, placental abruption. Management of burns, including classification, estimate of surface area, recognition of more serious burns, and treatment. Assessment and evaluation of general incident scene safety. Effective verbal and written reporting skills (charting). Routine medical equipment maintenance procedures. Routine radio operating procedures. Triage of patients in a mass casualty incident. Emergency vehicle operation. Medications administered Paramedics in most jurisdictions administer a variety of emergency medications. The specific medications vary widely, based on physician medical director preference, local standard of care, and law, but may include: Adenosine, which will stop the heart for a short period of time (up to 45 seconds) Atropine, which will speed up a heartbeat that is too slow. Sympathomimetics like dopamine for severe hypotension (low blood pressure) and cardiogenic shock. D50W (Dextrose 50%) to treat hypoglycemia (low blood sugar) Sedatives like Versed, Ativan, or Etomidate, and paralytics such as succinylcholine, rocuronium, or vecuronium to perform rapid sequence induction (RSI), a procedure to quickly induce anesthesia prior to intubation Antipsychotics like Haldol or Geodon to sedate combative patients Albuterol, atrovent, and methylprednisolone to treat respiratory conditions. Medications to relieve pain or decrease nausea and vomiting. Nitroglycerin, aspirin, and morphine sulfate for cardiac ailments. Antiarrhythmics like amiodarone to treat cardiac arrhythmias such as ventricular tachycardia and ventricular fibrillation. Narcotics like morphine sulfate, pethidine, fentanyl and in some jurisdictions, ketorolac to treat severe pain, i.e. burns or fractures. This list is not representative of all jurisdictions, and EMS jurisdictions may vary greatly in what is permitted. Some jurisdictions may not permit administration of certain classes of drugs, or may use drugs other than the ones listed for the same purposes. For an accurate description of permitted drugs or procedures in a given location, it is necessary to contact that jurisdiction directly. The material included here is, however, fairly typical and representative. Different qualification levels across the world Australia Main article: Paramedics in Australia Paramedics of the A.C.T. Ambulance Service In Australia, the Paramedic Practitioner is a health care professional who responds to and treats all types of medical and trauma emergencies outside of a hospital setting before and during transportation to an appropriate medical facility. Paramedics also work in the inter-facility transport environment where a paramedic will continue or upgrade medical care to a higher level while transporting a patient from one health care facility to another. Under normal circumstances, paramedics transport patients to a hospital-based emergency department, however, this is not their only option. When it is clinically appropriate to do so, paramedics can also choose to treat patients requiring simple primary care or procedures in the out of the hospital setting, without the need to transport the patient to a hospital (e.g. a paramedic gives a diabetic patient 50% dextrose in water). In Australia use of the professional title Paramedic is not restricted, registered or licensed. Prior to the 1990s most Paramedics had the professional title of Ambulance Officer. Recently there are various new professional titles depending on which state Ambulance Service you are employed by. Some titles include Paramedic, Paramedic Intern, Paramedic Specialist, Clinician, MICA Paramedic, Intensive Care Paramedic. Academia and publications relating to the profession in Australia are using the nomenclature Paramedic Practitioner. Paramedic education depends on the entry requirements for employment by the state based Ambulance Service. Ambulance Victoria, SA Ambulance Service, Ambulance Service of NSW have Graduate entry programs.

Students will undertake a three year pre-employment Bachelor degree in Health Science specializing as a Paramedic Practitioner. The degree title varies from each University. The Universities offering programs include Australian Catholic University Monash University, Victoria University, Flinders University, Charles Sturt University and Edith Cowan. On completion Students can apply for employment with their respective state Ambulance Service. After successfully meeting the entry requirements for employment the Student Paramedic will complete a twelve or twenty four month internship. Upon completion of the internship Students attain certification to practice as a Paramedic. The Paramedic Practitioner can then advance clinical status to Intensive Care Practitioner, or undertake specialised education and training in other fields for example rescue, aeromedicine. Another method is to apply for employment directly to the state Ambulance Service and undergo an internal Diploma of Health science program. This program will generally take up to three years to complete with the respective employer. The Ambulance Service of New South Wales and Queensland Ambulance Service offer this entry pathway. The Graduate pre-employment entry model is becoming popular, and there is a move by the Australian profession to continue this pathway. Canada Main article: Paramedics in Canada Toronto EMS Ambulance BC Ambulance ALS Unit In most of Canada there are 3 levels of Paramedics: the Primary Care Paramedic with limited pharmaceutical protocols, the Advanced Care Paramedic with full ACLS qualification, and the Critical Care Transport Paramedic with very advanced qualifications. Several variations to this system occur in the City of Toronto and the province of Saskatchewan, which uses a four level model with Level I (Primary Care), Level II (Intermediate Care), Level III (Advanced Care) and Critical Care Transport Paramedics. It should also be noted that many Canadian jurisdictions do not use multiple levels of paramedics. There are many smaller and isolated communities which, for reasons of potential skills decay, medical control issues, or costs, operate with Primary Care Paramedics only. In Canada, paramedics provide the most advanced level of emergency medical care available to the general public outside of a hospital setting. Advanced Care and Critical Care Paramedics are able to perform more delegated medical acts than any other health professional besides physicians in the pre-hospital setting. In a number of Canadian centres, paramedics are currently using a 12-Lead ECG to diagnose ST-Elevated Myocardial Infarction (STEMI), a specific type of heart attack. The experience of paramedics from the City of Ottawa with the use of this procedure was recently a topic of an article in the New England Journal of Medicine. Ottawa paramedics were the first paramedic service in Canada to have this STEMI protocol, which is now being implemented across the world, available to treat their patients. Colombia All health practitioners in the Republic of Colombia are regulated by a standards for Law 1164 of Human Resources in Health, the Confederation of Organizations of Health Professionals (ASSOSALUD). Colombia has the following levels of training in prehospital care (paramedicine): 1. Technological level in Prehospital Care Coordinates prehospital care and provides advanced life support. 2. Technical Level Training in Prehospital Care Assists paramedics of the technological level and provides basic life support. 3. First Responder Assists other levels and provides community level first aid. Additionally, a Prehospital Care Professional level is being developed above the technological level of prehospital care. The only institutions in the country to obtain prehospital care qualifications: University of Valle University Ces University of Antioquia University Tecnologica of Pereira Europe In many parts of Europe a different paradigm is used for pre-hospital care, in which doctors, nurses and occasionally medical students function as pre-hospital providers, either in conjunction with or instead of paramedics. The following are two fairly representative examples illustrating the differing approach to the idea of paramedics in Europe. France Main article: Paramedics in France Paramedics, as we understand the role, do not exist in France. Within France, EMS is provided by means of an organization called a SAMU for each French Departement (county). Emergency response may be through the use of a fire department-based ambulance, such as the Paris Fire Department (www.pompiersparis.fr), or by an ambulance (labeled SAMU)staffed by a physician-led team (SMUR). The French philosophy is to provide more definitive care at the scene during life-threatening emergencies, and a SMUR team, consisting of a physician, a nurse, and an ambulance driver, may elect to conduct the majority of care, even resusctitation attempts, at the scene, prior to transport. SMUR teams are typically hospital-based. Since 1986, fire department-based ambulances have had the option of providing resuscitation service (reanimation) using specially-trained nurses, operating on protocols, in the role that we would normally expect to be performed by the paramedic. In actual practise, however, such units, and nurses, are extremely rare outside of the City of Paris. In France non-emergency and low-priority ambulance services are normally provided by private companies, with no formal requirements for the training of their staff. Germany Main article: Paramedics in Germany German Emergency Ambulance In Germany, the closest role to that of paramedic is called Rettungsassistent. Although there are others working in EMS in Germany, this is considered to be the only professional role, and the training of subordinate staff can vary greatly – the most common next level would be Rettungssanitter with a three months training (1 month theory, 1 month hospital training, 1 month practice on EMS) based on an agreement between all German states (Lnder). In spite of this agreement with a lot of possible local specific differences, the professional title of Rettungsassistent is regulated and protected by federal law. According to that, a Rettungsassistent is required to complete two years of training, the first consisting of theory classes at the post-secondary level, and hospital-based clinical experience. The second year consists of a 1,600 hour EMS-based preceptorship. At the conclusion of this training the Rettungsassistent will have an advanced life support skill set which is roughly similar to that of paramedics in many other countries, and will function as the crew chief on an emergency ambulance. Other possible professional roles are EMS leader on scene, emergency dispatcher, shift or group leader, supervisor/trainer and EMS chief. One important difference, however, involves the manner in which EMS operates in Germany. In the German system it is much more common for emergency physicians (called Notarzt) to respond directly to high priority emergency calls. A Notarzt is a physician with additional training; although no specific medical specialty is required, the majority are anesthesists. But in more than 50% of all emergency calls only an ambulance with at least one Rettungsassistent responds. The role of the Rettungsassistent therefore is to be the responsible care provider and team leader of an ambulance crew as to assist the Notarzt in the treatment of the patient; they may perform most of their advanced life support skills only under the direct supervision of the Notarzt. In exceptional circumstances, when there is an immediate threat to life, and when the Notarzt is not present, the Rettungassistent must be able to unilaterally perform all of their ALS skills. Not doing so places them in violation of federal German legislation (Handeln durch Unterlassen). It is common practice that the Rettungsassistent utilizes his skills while the emergency physician is on route to the patient, this is often covered by local medical protocols and guidelines. If the Rettungsassistent has to act as a sole care provider under these circumstances, federal law in Germany will normally provide the Rettungassistent with legal protection. (32,35 StGB). Hong Kong a type of Ambulance of the Fire Services Department, Hong Kong Hong Kong is currently progressing toward a system staffed with paramedics. Different from United Kingdom and Australia,ambulance service is run by the Fire Services Department, Hong Kong. St. John Ambulance in Hong Kong A charitable organization with a long history stretching back over a century and has been serving the community since 1884. In Hong Kong, the St. John Ambulance Association was established in 1884.It provides ambulance service,first aid and caring training course. Auxiliary Medical Service An independent government department that trained, committed voluntary medical and health services provider in Hong Kong. Its mission is to supply effectively and efficiently regular services. South Africa Main article: Emergency medical services in South Africa All health practitioners in The Republic of South Africa are regulated by a standards generating body (SGB), the Health Professions Council of South Africa (HPCSA). The Department of Education has initiated the phasing out of short course training. This is to be replaced with a mid-level worker, and a prehospital clinician. The mid-level course is 2 years in duration, and exits on a level just above what many know as Intermediate Life Support (ILS), but below Advanced Life Support (ALS). They are placed on the Emergency Care Technician (ECT) register. The clinician qualification is a four year professional degree in Emergency Medical Care (Bachelor Emergency Medical Care), and is placed on the Emergency Care Practitioner (ECP) register, which has a separate protocol list. The only four institutions in the country to obtain the ECP qualification are the: University of Johannesburg Central University of Technology Durban University of Technology Cape Peninsula University of Technology United States Main article: Paramedics in the United States A typical Paramedic/Rescue Unit of Palm Beach County Fire-Rescue in Palm Beach County, Florida. In the United States, there are 4 levels of emergency prehospital care defined by the U.S. Department of Transportation, which regulates prehospital emergency care education federally. From the most basic level to the most advanced, they are Medical First Responder, Emergency Medical Technician-Basic (EMT-B), Emergency Medical Technician-Intermediate (EMT-I), and Emergency Medical Technician-Paramedic (EMT-P). The paramedic is the most advanced level of in the field medical care provider.; however, in order to avoid confusion about the level of care, in practice the term “EMT” usually refers to Emergency Medical Technician-Basic and Intermediate level certifications. Official paramedic insignias and laws that designate level of care have codified this custom in many places. In the United States, paramedics working under the direction of emergency medical control physicians provide the most advanced level of emergency medical care available to the general public outside of a hospital setting. Exceptions to this general statement include those physicians who sometimes operate with air ambulance services, and some jurisdictions with specially trained Critical Care Paramedics for inter-hospital critical care transfers. Medicolegal authority Paramedics normally function under the authority (medical direction) of one or more physicians charged with legally establishing the emergency medical directives for a particular region. Paramedics are credentialed and authorized by these physicians to use their own clinical judgment and diagnostic tools to identify medical emergencies and to administer the appropriate treatment, including drugs that would normally require a physician order. Credentialing may occur as the result of a State Medical Board examination (U.S.) or the National Registry of Emergency Medical Technicians (U.S.). In the UK, and in some parts of Canada, credentialing may occur by means of a College of Paramedicine (http://www.britishparamedic.org/). In these cases, paramedics are regarded as a self-regulating health profession. The final common method of credentialing is through certification by a Medical Director and permission to practice as an extension of the Medical Director’s license to practice medicine. The authority to practice in this semi-autonomous manner is granted in the form of standing order protocols (off-line medical control) and in some cases direct physician consultation via phone or radio (on-line medical control). Under this paradigm, paramedics effectively assume the role of out-of-hospital field agents to regional emergency physicians, with independent clinical decision-making authority that is typically enjoyed only by expert clinicians within the hospital setting. In some parts of Europe, those in the paramedic role are only permitted to practice many of their advanced skills while assisting a physician who is physically present, except in cases of immediately life-threatening emergencies. In certain other jurisdictions, such as the United Kingdom and South Africa, paramedics may be entirely autonomous practitioners capable of prescribing medications. In the media The 1970s television show Emergency! was a very popular series which centered on the work of paramedics in the Los Angeles County Fire Department, and the staff at the fictional Rampart Emergency Hospital. Emergency! has been widely credited with inspiring many municipalities in the United States to develop their own paramedic programs, and has inspired many to enter the fields of emergency medicine.[citation needed] The show was a top-rated program for its entire production run (19721979), as well as in syndicated television reruns even inspiring a Saturday morning cartoon series. Mother, Jugs & Speed is a 1976 comedy film, starring Bill Cosby, Raquel Welch, and Harvey Keitel. The film depicts a private ambulance company struggling to survive in Los Angeles, and, while not necessarily showing the profession in its most flattering light and taking some real liberties for comedic value, provides a fairly honest illustration of the state of the ambulance industry just prior to its professionalization as EMS. Casualty is a long-running BBC television series, depicting the staff of the Accident and Emergency Department of the fictional Holby City Hospital, and the English paramedics who work with them. It provides an interesting, human, and realistic view of English paramedics.[citation needed] The show has been filmed on location in Bristol, England, and has run continuously since the mid 1980s, spinning off another series, Holby City, and a number of made-for-television films. It has been described as ‘one of Britain’s most beloved medical dramas’. Paramedics is also the name of a show on the Discovery Health Channel, which details the life and work of emergency medical squads in major urban centers in the United States. It is also the name of a 1988 comedy which highlighted the lighter side of EMS. Paramedic: On the Front Lines of Medicine (1998), by Peter Canning, is an autobiographical account of a paramedic’s first year on the job. Rescue 471: A Paramedic’s Stories (2000) is the sequel. Bringing Out the Dead (1999), directed by Martin Scorsese and starring Nicolas Cage, is one of very few films about paramedics. The main character is paramedic Frank Pierce, who works in New York’s Hell’s Kitchen. He’s become burned out and haunted by visions of the people he’s failed to save including a little girl. The film is based on the novel of the same name by Joe Connelly, a former New York City paramedic. Into the Breach: A Year of Life and Death with EMS (2002), book written by J.A. Karam, is the true story of paramedics, emergency medical technicians, and heavy-rescue specialists fighting to control trauma and medical emergencies. Parts of Third Watch (1999) were devoted to adventures of the fictional 55th precinct FDNY EMS unit, created by ER executive producer John Wells. Saved (2006) is a TNT series centered on fictional paramedic Wyatt Cole (Tom Everett Scott), his partner, and their chaotic lives on and off the job. Black Flies (2008) is a novel written by Shannon Burke, based on his experiences working as a paramedic in Harlem, New York City. Trauma (2009) portraits a group of San Francisco Fire Department paramedics and EMT’s and a fictional medical helicopter transport service “Angel Rescue Services”, working in concert with of the fictional trauma center San Francisco City Hospital. The high-action medical drama stars Derek Luke, Cliff Curtis, Anastasia Griffith, Kevin Rankin, Aimee Garcia, Billy Lush, Jamey Sheridan, and Taylor Kinney. See also Emergency medical services in South Africa Paramedics in Australia Paramedics in Canada Paramedics in France Paramedics in Germany Paramedics in the United States Paramedics in the United Kingdom Paramedics in Colombian Colombian Association of Prehospital Care Technologist National Association of Emergency Medical Technicians National Registry of Emergency Medical Technicians Flight Paramedic Critical Care Emergency Medical Transport Program lksjdb References ^ Careers: Paramedic science – Faculty of Health and Social Care Sciences, Kingston University London and St George’s, University of London ^ National Reregistration and the Continuing Competence of EMT-Paramedics DOT HS 810 577 ^ Brouhard, Rod. “The difference between and EMT and a Paramedic”. About.com. http://firstaid.about.com/od/emergencymedicalservices/qt/06_EMTBvsP.htm. Retrieved 2008-07-26.  ^ http://www.etymonline.com/index.php?term=paramedic ^ Toronto EMS Website ^ Br Heart J 1986;56:491-5 ^ Le May, M. R. et al. (2008-01-17). “A Citywide Protocol for Primary PCI in ST-Segment Elevation Myocardial Infarction”. New England Journal of Medicine. pp. 358(3):231-40.. http://content.nejm.org/cgi/content/short/358/3/231. Retrieved 2008-03-27.  ^ Harlan M. Krumholz, MD, SM (January 16, 2008). “Reducing Door-to-Balloon Times: The Transfer Factor”. Journal Watch. http://cardiology.jwatch.org/cgi/content/full/2008/116/1. Retrieved 2008-03-27.  ^ {{cite web |url=http://www.acotaph.org/Dedinicion de Atencion Prehospitalaria.pdf |title=Prehospital Care; Paramedic. ^ http://sunzi1.lib.hku.hk/hkjo/view/22/2200010.pdf American Heart Association (January 2006) Meisel, Zachary (2005-11-08). “Ding-a-Ling-a-Ling Ambulances can be dangerous places.”. Slate. Washington Post. Newsweek Interactive Co. LLC. http://www.slate.com/id/2129684/. Retrieved 2007-01-25.  “Tribute to R Adams Cowley, M.D.”. University of Maryland Medical Center. http://www.umm.edu/shocktrauma/history.html. Retrieved 2005-12-30.  US DOT “National Scope of Practice Model”. National Highway Traffic Safety Administration. http://nhtsa.gov/staticfiles/DOT/NHTSA/Communication & Consumer Information/Articles/Associated Files/EMSScope.pdf. Retrieved 2007-04-16.  External links Wikimedia Commons has media related to: Paramedic National Registry of Emergency Medical Technicians National Association of Emergency Medical Technicians Colombian Association of Prehospital Care Technologist NHTSA Emergency Medical Services National Page v  d  e Emergency medical services Paramedicine  Basic life support  Advanced life support People Emergency medical dispatcher (EMD)  Certified first responder (CFR)  Emergency medical responder (EMR)  Emergency medical technician (EMT)  Paramedic  Medical director  Combat medic Vehicles Air ambulance  Ambulance (History)  Ambulance bus  Boat ambulance  Combination car  Fly-car  Light horse field ambulance  Dodge WC54 Casualty lifting & movement Gurney  Kendrick Extrication Device  Litter  Long spine board  Scoop stretcher  Stretcher  Vacuum mattress  Weevac 6 Other Ambulance station  Rescue squad  Search and rescue Related fields Emergency medicine  Aviation medicine  Diving medicine  Military medicine  Wilderness medicine Categories: Emergency medical responders | Healthcare occupations | Protective service occupationsHidden categories: All articles with unsourced statements | Articles with unsourced statements from November 2009

 

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Mesne Profits

CHAPTER –1

 

Introduction to the Topic

The law of nature gives the primary right to compensation against the breach of legal right. Likewise, wrongful interference with the immovable property of another is a legal wrong and law of nature gives primary right to damages or compensation for such legal wrong.

 

The term ‘mesne profits’ relates to the damages or compensation recoverable from a person who has been in wrongful possession of immovable property. The Mesne profits are nothing but a compensation that a person in the unlawful possession of others property has to pay for such wrongful occupation to the owner of the property.[1] It is settled principle of law that wrongful possession is the very essence of a claim for mesne profits and the very foundation of the unlawful possessor’s liability therefore. As a rule, therefore, liability to pay mesne profits goes with actual possession of the land. That is to say, generally, the person in wrongful possession and enjoyment of the immovable property is liable for mesne profits.

 

Before comprehending the concept and relevant provision of mesne profits in the Code of Civil Procedure, 1908, it would be appropriate to discuss & understand the concept of ownership and possession in nutshell.

 

1.1 Ownership & Possession

The concept of ownership is one of the fundamental juristic concepts common to all system of law. Ownership consists of an innumerable number of claims, liberties, powers & immunities with regard to the things owned. According to some jurists there is no point in having the concept of ownership without these claims.

 

The idea of ownership developed slowly with the growth of civilization. So long as the people were wondering from place to place and had no settled place of residence they had no sense of ownership. The idea began to grow when they started planting trees, cultivating land, building their homes. The transition from a pastoral to an agricultural economy held the development of the idea of ownership. People began to think in terms of ‘mine & thine’.

 

The concept of ownership is easy to understand but difficult to define with exactitude. The Jurists have defined the ownership in different ways.

• According to Austin “ownership means a right which avails against everyone who is subject to the law conferring right to put thing to user of infinite nature”.[2]
• According to Hibbert “ownership involves four rights and those are the rights of using the thing, excluding others from using it, the disposal of thing and the destruction of thing.[3]
• In Blacks Law Dictionary, ownership has been defined as “collection of rights of rights to use & enjoy property, including the right to transmit it to others”.

 

From the analysis of aforementioned definitions one can conclude that the ownership is nothing but a right, which is available against every one who is subject to law. Such claim consists of following rights.

 

1. Right to posses & use,
2. Right to exclude others from possessing & using it,
3. Right to transmit, and;
4. Right to destroy thing owned.

 

Therefore ownership comprises of a number of rights, and among these rights one of the most significant right is possession of property. Possession is prima facie evidence of ownership and law always protect right to possession. According Savigny protection of possession is a branch of protection to person and as any act of violence to person is unlawful, so is the act that disturbs possession by fraud or force. He further stated that possession is not protected because it is so intimately connected to the ownership, but in the interest of public order and safety. If the law allows self-help it would certainly lead to breach of peace. Therefore in the interest of public order and safety no one should be allowed to take the laws into his own hands[4]. According to Windschids protection to possession stands on the same ground as protection against injuria i.e. violation of private legal right.[5] Possession is well protected as a part of criminal law with the objective to preserve & maintain peace. Possession is also protected as a part of law of tort.

 

In the property law, Possession is considered as a sufficient proof of ownership. Every person may keep what he possesses unless some one can prove that he has better title. And the moment some one can prove the better title against the person who was in prior possession, he is entitled to compensation against the unlawful possessor of property. Mesne profits are one such mode of compensation that can be claimed against a person in unlawful possession. Mesne profits are in the nature of damages for being deprived of the benefit, which the person in possession derives from the property.

 

1.2 Origin of the Concept of Mesne profits

 

The concept of mesne profits has its origin in the medieval period. Under the feudal system, the King owned all land. The King would let out a part of these lands to his barons on the condition that they will provide him with soldiers whenever he wanted to raise an army.

 

Soon this turned into a nice way of raising money by charging rent for the land. In turn, the barons would let out part of the land to tenant farmers and they would pay rent – usually in kind, by providing livestock or crops – for the privilege of being able to keep some of the produce for themselves. Thus the concept of chains of tenancies was born.

 

The person to whom they paid rent became known as the ‘mesne landlord’. The word meant ‘intermediate’ in old French. The phrase was originally ‘mesne rents and profits’ meaning all the rent or profit from the land that could be extracted by the intermediate landlord. In the modern time the term ‘mesne profits’ means the claim that a lawful owner of the property has against the unlawful possessor of the property.

 

1.3 NATURE OF Mesne Profits

 

All the legal system, which governs the civilized nations of the world agree upon the basic principal of natural justice to obtain reparation for wrongs or infringement of legal rights.[6] In other words, the law of nature gives primary right to a compensation for injuries. Mesne profit is one such right to compensation granted against injuria i.e. breach of legal right. Mesne profit is a positive right available against infringement of private legal right.

 

The main object of awarding mesne profit is to compensate the actual owner of the property for all the loss he has suffered. In other words the object of awarding a decree of mesne profits is to compensate the person who has been kept out of possession and deprived of enjoyment of his property even though he was entitled to possession of property, and the word compensation would embrace in its purview any actual loss suffered by a lawful owner. The idea of granting mesne profits as compensation normally connotes reparation for some past wrongful act i.e. unlawful possession.

 

CHAPTER – 2

 

Legal provision related to Mesne Profits

 

Mesne profits may be defined as the profits or other pecuniary benefits, which one who disposes the true owner receives between disseizin and the restoration of possession.[8] Therefore mesne profits corresponds to the profits which the person in wrongful possession is receiving or might receive with due diligence for the wrongful occupation of property. Mesne profits are defined under Section 2(12) if Code of Civil Procedure.

 

Section 2 (12) of the Code of Civil Procedure provides that: “Mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with the ordinary diligence have received therefrom, together with interest on such profits but shall not include profits due to improvement made by the person in wrongful possession.

 

From the analysis of the above stated definition on can conclude that “Mesne profits” are the profits, which the person in unlawful possession actually earned or might have earned with the ordinary diligence. According to Section 2(12) a person becomes entitled to mesne profits only when he has right to obtain possession but another person whose occupation is unauthorized keeps him deprived of that possession. The first and foremost condition for awarding mesne profits is unlawful possession of the occupant of the property. The section further provides that Mesne profits also include interest on such profits. However it explicitly excludes any profit earned due to improvement in the property made by the person in unlawful possession of such property.

 

In Phiraya Lal alias Piara lal v. Jia Rani[9] Hon’ble Delhi high Court while defining the term mesne profits observed that, “when damages are claimed in respect of wrongful occupation of immovable property on the basis of the loss caused by the wrongful possession of the trespasser to the person entitled to the possession of the immovable property, these damages are called mesne profits”.

 

In Nataraja Achari v. Balambal Ammal[10], taking into consideration the definition of mesne profits provided under Section 2(12) Hon’ble Madras High Court observed that there are three different types of cases in which question of rights of profits arise:

 

1. Suit for ejectment or recovery of possession of immovable property from a person in possession without title, together with a claim for past or past and future mesne profits.
2. A suit for partition by one or more tenants in common against others with a claim for account of past or past and future profits.
3. Suits for partition by a member of joint Hindu family with a claim for an account from the manager.

 

The Court observed, “In the first case, the possession of the defendant not being lawful, the plaintiff is entitled to recover mesne profits such profits being really in the nature of damages. In second case the possession and receipt of profits by the defendant not being wrongful the plaintiffs remedy is to have an account of such profits making all jus allowance in the favour of the collecting tenant in common. In the third case the plaintiff must take the joint family property as it exists at the date of the demand for partition and is not entitled to open up past account or claim relief on the ground of past inequality of enjoyment of the profit, except where the manager has been guilty of fraudulent conduct or misappropriation. The plaintiff would however, be in the position of the tenant in common from the date of severance in status and his right would have to be worked out on that basis.

 

2.1 Interest on Mesne profits

 

The definition of the term ‘Mesne profit’ provided under section 2(12) of the Code of civil Procedure, 1908 explicitly provides that interest is an integral part of mesne profits. From the expression ‘together with interest on such profits’ in Section 2(12) it is apparent that ‘mesne profit’ includes within its fold an interest component. And the rate of interest to be allowed in regard to mesne profits varies depending upon the facts and circumstances of each case. Since the statute does not fix any rate of interest it is left at the discretion of court to determine the rate of interest. Generally, the rate of interest is awarded at 6 % per annum.

 

Very early in the year 1922, in Lata Prasad v. Sri Ganeshji[11] Hon’ble Allahabad High Court, held that the term ‘Mesne profits’ also includes interest on the profits earned by the unlawful possessor of the property and where the decree of granting mesne profits say nothing about interest, the decree holder can claim that the decree of mesne profits includes interest.

 

In N. Dasjee v. Tirupathi Devasthanam[12], Hon’ble Supreme Court observed that, “Under Section 2(12) of the Civil Procedure Code which contains the definition of mesne profits, interest is an integral part of mesne profits and has, therefore, to be allowed in the computation of mesne profits itself. That proceeds on the theory that the person in wrongful possession appropriating income from the property himself gets the benefit of the interest on such income”.

 

In Tarquino Raul Henriques v. Damodar Mangalji and Co. Pvt. Ltd.[13], the question directly came up for the consideration before the Hon’ble Bombay High Court. In this case appellate filed review application against the order of the Hon’ble Court. The impugned order granted mesne profits but it was silent interest as far as interest on such profits was concerned. It was, therefore, urged by the appellate that the interest being an integral part of the mesne profits it was implicit in the order. On the other hand defendants contended that grant of interest is discretionary and once the impugned order is silent on the point of interest it is safe to assume that the interest was negatived. The issue was whether the grant of interest is implicit when an order for mesne profits is directed S. 2(12) of Code of Civil Procedure. Having considered the observations of the Supreme Court in N. Dasjee v. Tirupathi Devasthanam and the definition of the term ‘Mesne profits’ under Section 2(12) the court held that the expression “together with interest on such profit” clearly indicates that the mesne profits would not only include the actual damage suffered as a result of wrongful possession, but also the interest accrued thereon and in that sense the mesne profits would always comprise both the damage and the interest. And the grant of interest is implicit in the mesne profits.

 

2.2 Improvements in the property by unlawful possessor

 

Latter part of Section 2(12) expressly provides that mesne profits do not include profits due to improvement made in the property by the person in wrongful possession.

 

In The Hindustan Petroleum Corporation Ltd., Chairman and Managing Director v. Khwaja Asadullah Baig and Ors[14], while assessing the quantum of mesne profits Hon’ble Andhra Pradesh High Court held that, taking into consideration concept of mesne profits under Section 2(12), the courts have to exclude the profit attributable to the improvements made on the property.

 

However a person in wrongful possession of the property is not entitled to claim expenses incurred on improvements in such property. In other words, plaintiff in not bound to pay the defendant compensation for improvements as a condition precedent to obtaining possession. The defendant being in the rank of trespasser is not entitled to such compensation.[15]

 

 

 

2.4 Assessment of the Mesne profits.

 

One broad principle governing the liability for mesne profits is evident from Section 2(12) of the Code of Civil Procedure, 1908 which defines ‘mesne profits’ to mean “those profits which the person in wrongful possession of property actually received or might with ordinary diligence have received therefrom together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession”. But the Section does not provide any fixed rule for the assessment of such profit. The provision simply states that mesne profits include interest on such profits. And profits due to improvement are excluded from the assessment of the quantum of mesne profits.

 

In the lights of this broad principle, the determination of quantum mesne profits is left at the discretion of the court. And mesne profits being in the nature of damages even the Court cannot lay down any invariable rule governing award and assessment of mesne profits in every case. The Court may mould award and assessment of mesne profits according to the justice of the case. In other words there is no uniform criterion for the assessment of mesne profits. The quantum of mesne profits depends upon the facts and surrounding circumstances of each case.

 

Earlier the rental value of the property formed the basis of assessment of mesne profits. The courts used to award mesne profits taking into consideration rental value of the property. This practice of assessing mesne profits on the basis of rent was inappropriate and later on the Courts rightly struck it down.

 

In Kesardeo Baijnath Vs. Nathmal Kisanalal[16], it was held, “that determination of mesne profits on the basis of rental value of the property would be in correct test in the context of the definition of menses of profits in section 2[12] Rent could be relevant factor, for considering the quantum of mesne profits but not a decisive of the matter”.

 

In Dr. J K Bhakthavasala Rao v. Industrial Engineers, Nellore[17], Hon’ble Andhra Pradesh High Court observed that, “fixing the damages for the use and occupation of the suit building by its very nature, involves adjudication of a pure question of fact and there exists hardly any uniform and standard pattern of assessment in this regard. The court should take into consideration comparative assessment of the nature, location etc of the suit premises vis-à-vis similar characteristics of premises in the surrounding area. It is, however, very difficult to find the premises of similar nature, size and quality of at the same location. Even if there exists any broad similarity in this aspect, the rent in respect of such premises would depend, mostly, upon the need of lessee and the circumstances under which the leases are granted. Prevalence of amity or enmity, as the case may be, between the landlords and the tenants and the duration of lease are certain factors, which would have bearing of this. And therefore the mesne profits cannot be determined solely on the basis of rental value of the land”.

 

While assessing the quantum of mesne profits, the factors such as location of the property, comparative value of the property, condition of property in question, profits that are actually gained or might have been gained from the reasonable use such property are generally taken into consideration by the courts.  Moreover it is settled principle of law that the criteria for the calculation of mesne profits is not what the owner loses by the deprivation of possession but profits should be calculated on the basis of what the person in wrongful possession namely, the defendants had actually received or might with ordinary diligence have received therefrom.

 

Moreover, the law of equity requires that mesne profits should be the net profits i.e. the profits derived after making deduction toward necessary expenditure for earning such profits. Therefore all such payment made by the person in wrongful possession, as the plaintiff would have been bound to make if he had been in possession, should be deducted from the gross earnings. These expenses include, expenses incurred for maintenance of property, cess paid on the property etc, depending upon the nature of the property. For instance in case of agricultural land cost of cultivation, seasonal fluctuation etc should be deducted.

 

Like wise the court should also deduct the profits made by unlawful possessor through improvement in the property. It would be unjust on the part of court to award mesne profits without deducting these expenses.

 

In short with regard to the assessment of mesne profits, we can say that there in no uniform criteria for the assessment of mesne profits. The quantum of mesne profits depends upon the facts and circumstances of the case and courts can mould it according to the justice of the case. In the early stages the rent formed the basis of assessment of mesne profits. But with the passage of time the courts struck down the practice of assessing mesne profits on the basis of rental value of the property. Today, there are various factors that are taken into consideration while assessing the quantum of mesne profits as discussed earlier. Moreover, the profits should be ascertained on the basis of what the wrongful possessor of the property earned or might have earned with the due diligence and not on the basis of what the plaintiff have lost. And the expenses incurred by the wrongful possessor of the property, for the maintenance of the property, must be deducted from such profits.

 

2.5 Burden of Proof

 

It is settled principle of law that in case of mesne profits the burden of proof rests on the claimant i.e. the plaintiff. And mesne profits being in the form of compensation, before claiming mesne profits the plaintiff have to establish before the Hon’ble court that he was lawful owner of the property and he was deprived of it by the unlawful possession of the defendant. The plaintiff having proved the aforementioned facts becomes entitled to mesne profits. Further the onus of proving what profits he might have received with the ordinary diligence lies on the claimant.

 

In the case of Ramakka v. Nagesam[18], Hon’ble Madras High Court while considering thee question of onus of proof in case of mesne profits held that “onus of proving what profits might, with due diligence, have been received in any year lies upon the party claiming mesne profits”. The court further observed that, “Plaintiff may also adduce evidence to prove that the occupant was not diligent and might have got greater profits by proper diligence”.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER – 3

Judicial Pronouncements

3.1 Chhaganmull Agarwalla v. Amanathulla Mohammad Prodhan[19]

 

Facts: In this case the only issue with regard to mesne profits was whether the defendant is liable to pay mesne profits for the land that remained under attachment under the provisions of Section 146, Code of Criminal Procedure. It was contended by the defendant that they cannot be said to be in unlawful possession of property while the land in dispute was under attachment and therefore they are not entitled to mesne profits for that period of time.

 

Judgment: Taking into consideration the definition of mesne profits under Section 2(12) of Code of Civil Procedure Hon’ble Court held that, “Wrongful possession by the defendant is the very essence of a claim for mesne profits, and the very foundation of a decree therefor. Applying these principle it is impossible to hold by any stretch of imagination, that during the time that the land remained under attachment by the operation of the order under Section 146, Code of Criminal Procedure and this Court was in custody of it on behalf of the rightful owners, that is to say of the plaintiffs in the present case, that the defendants were in possession of the lands. The defendant, therefore not being in the unlawful possession of the property, is not liable to pay mesne profits for the land that remained under attachment under the provisions of Section 146, Code of Criminal Procedure

 

3.1.2 Fateh Chand v. Balkishan Das[20]

Facts: The leasehold rights in certain land together with the building were sold to Lala Balkishan Das (Hereinafter be referred to as ‘the plaintiff’) by a sale deed. By an agreement dated 21st March 1949 the plaintiff contracted to sell his rights in the land and the building to Seth Fateh Chand (Hereinafter called ‘the defendant’) It was recited in the agreement that the plaintiff agreed to sell the building for Rs.112500, and that Rs.1000 were paid to him as earnest money at the time of the execution of the agreement.

 

On 25th March 1949 the plaintiff received Rs.24000 and delivered possession of the building and the land in his occupation to the defendant, but the sale of the property was not completed before the expiry of the period stipulated in the agreement. Each party blamed the other for failing to complete the sale according to the terms of the agreement. Alleging that the agreement was rescinded because the defendant had committed default in performing the agreement and the sum of Rs.25000 paid by the defendant stood forfeited, the plaintiff in an action filed in the Court of the Subordinate Judge, Delhi, claimed a decree for possession of the land and building and a decree for Rs.6500 as compensation for use and occupation of the building from 25th March 1949 to 24th January 1950 and for an order directing enquiry as to compensation for use and occupation of the land and building from the date of the institution of the suit until delivery of possession to the plaintiff.

 

The trial Judge held that the plaintiff had failed to put the defendant in possession of the land agreed to be sold and could not therefore retain Rs.25000 received by him under the contract. Accordingly trial Judge directed that the plaintiff on depositing Rs.25000 less Rs.1400 (being the amount of mesne profits prior to the date of the suit) the defendant do put the plaintiff in possession of the land and the building, and awarded to the plaintiff future mesne profits at the rate of Rs.140 per mensem from the date of the suit until delivery of possession or until expiration of three years from the date of the decree whichever event first occurred. In appeal the High Court of Punjab modified the decree passed by the trial Court and declared that the plaintiff was entitled to retain out of Rs.25000 paid by the defendant under the sale agreement, a sum of Rs.11250″ being compensation for loss suffered by him and directed that the plaintiff do get from the defendant compensation for use and occupation at the rate of Rs. 265 per mensem.

 

Judgment: With regard to the issue related to assessment of quantum of mesne profits, Hon’ble Supreme Court held that, “The plaintiff is undoubtedly entitled to mesne profits from the defendant and ‘mesne profits’ as defined in Section 2(12) of the Code of Civil Procedure are profits which the person in wrongful possession of property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but do not include profits due to improvements made by the person in wrongful possession. The normal measure of mesne profits is therefore the value of the user of land to the person in wrongful possession. The assessment made by the High Court of compensation at the rate of five per cent of what they regarded as the fair value of the property is based not on the value of the user, but on an estimated return on the value of the property. Therefore the same cannot be sustained. It was, therefore, directed that mesne profits should be computed at the rate of Rs.140 per mensem from 1st June1949 till the date on which possession was delivered to the plaintiff (such period not exceeding three years from the date of decree) together with interest at the rate of six percent on the amount accruing due month after month”

 

3.1.3 Bhagwati Prasad v. Shri Chandramaul[21]

 

Facts: These two cross appeals arise from a suit filed by Chandramaul (hereinafter called the plaintiff) against Bhagwati Prasad (hereinafter called the defendant) in the Court of Second Civil Judge, Kanpur. The plaintiff alleged that he was the owner of house and that he had let out the said house to the defendant as his tenant on a monthly rent of Rs. 450 per month. The defendant continued to pay this rent and was not in arrears in that behalf as on the 31st March 1954. Thereafter, he failed to pay the rent, and so, the plaintiff terminated his tenancy and brought the suit on the 30th November 1955 claiming ejectment against the defendant and a decree for Rs. 8550 as arrears of rent from the 1st April 1954 to the end of October 1955. Future mesne profits were also claimed. The learned trial Judge held that the suit was competent and came to the conclusion that the plaintiff was entitled to a decree for ejectment as well as for rent. In regard to the amount of rent, however, the learned trial Judge did not accept the plaintiff’s version and considered the question on the merits. He held that Rs. 300 p.m. would be a reasonable rent for the premises in question and passed a decree for Rs. 5,700 in favour of the plaintiff as arrears of rent. The decree further directed the defendant to pay damages by way of use and occupation at the rate of Rs. 300 p.m. till the date of ejectment. Against this decree the defendant preferred an appeal before the Allahabad High Court. The High Court has agreed with the trial Court & confirmed the decree for ejectment passed by the trial Court.

 

The High Court, however, set aside the said decree insofar as it directed the defendant to pay past rent at the rate of Rs. 300 p.m. In that connection, the High Court has referred to the provision of U.P. (Temporary) Control of Rent and Eviction Act (No. III) Of 1947 and held that the material provisions of this Act require that no premises could be let out by the land-lord without the permission of the District Magistrate or other appropriate authorities mentioned in that behalf. Thus, the tenancy not having been proved it would be inappropriate to allow any rent to the plaintiff at all. Therefore the High Court rejected the plaintiff’s case for rent or for mesne profits. Against this decree the plaintiff and the defendant filed appeals before Hon’ble Supreme Court with a certificate granted to them by the High Court in that behalf.

 

Issues:

1. The defendant objected the decree for ejectment.
2. Whereas the plaintiff objected rejection of his claim for the past rent and future mesne profits.

 

Judgment: Hon’ble Supreme Court while confirming the decree passed by the High Court dismissed the appeal preferred by the defendant and observed, “plaintiff was entitled to possession of the said land”.

 

In regard to the plaintiff’s claim for past rent and future mesne profits Hon’ble Supreme observed that, “We see no reason to interfere with the decree passed by the High Court. But we do not see how the High Court’s decree in relation to future mesne profits can be sustained. Because, once it is held that the plaintiff is entitled to eject the defendant, it follows that the from the date of the decree granting the relief of ejectment to the plaintiff, the defendant who remains in possession of the property despite the decree, must pay mesne profits or damages for use and occupation of the said property until it is delivered to the plaintiff. A decree for ejectment in such a case must be accompanied by a direction for payment of the future mesne profits or damages. And therefore the plaintiff is entitled to future mesne profits at the rate of Rs. 300 per month.

 

3.1.4 Union of India (UOI) and Ors v. Banwari Lal and Sons (P) Ltd[22]

Facts: In this case M/s Banwari Lal & Sons (respondent) were the owner of the property situated at New Delhi. On 13/3/1959, Delhi Administration under the Requisition and Acquisition of Immoveable Property Act, 1952, requisitioned said property. Before the said Act lapsed on 10.3.1987, a notification under Section 4 of the Land Acquisition Act was issued on 6.3.1987 for acquisition of the entire properly. The said notification was set aside by the High Court by a judgment-dated 04/02/1991 on a writ filed by the Respondent. High Court also appointed arbitrator to determine the damages w.e.f 10/3/1987, payable by Delhi Administration to the respondent in respect of the property. The appellate took SLP the said judgment but the same was dismissed by Hon’ble Court vide order dated 21/3/1991. Appellant was, however, allowed time to vacate the property by 31/3/1993. Thought the appellate were allowed time to vacate the premises by 31/3/1993 the arbitrator the arbitrator calculated damages from 10/3/1987, to which the appellant filed objections. The learned single Judge dismissed the said objections. Being aggrieved, the appellant appealed to the division bench of the High Court. By the impugned judgment the High Court dismissed the appeal. Against that judgment, the appellant has filed this appeal by way of special leave.

 

Issues:

 

1. Whether the use and occupation of the property by the appellant after 10/3/1987 was wrongful and illegal and in the nature of trespass even after they were allowed time to vacate the premises till 31/3/1993 by the Hon’ble Supreme Court; and
2. Whether the respondent was entitled to mesne profits?

Judgment: Hon’ble Supreme Court held that, “In view of the permission granted by this Court enabling the appellant to use and occupy the property up to 31/3/1993, it cannot be said that the possession of the appellant was illegal and wrongful and in the nature of trespass. In the circumstances, damages were claimable not on the basis of mesne profits but on the basis of fair rent the arbitrator has assessed damages on the assumption that after 10/3/1987, the occupation and possession of the property was wrongful and illegal and in the nature of trespass. Accordingly, the arbitrator has assessed damages on the footing that the respondent was entitled to mesne profits. This assumption was wrong as the appellant was given time by this Court to remain in possession up to 31.3.1993.” The court further observed that, “right to mesne profits presupposes a wrong whereas a right to rent proceeds on the basis that there is a contract. But there is an intermediate class of cases in which the possession though not wrongful in the beginning assumes a wrongful character when it is unauthorized retained and in such cases, the owner is not entitled to claim mesne profits but only the fair rent”.

 

 

Mesne profits and Order 20 Rule 12

 

3.2.1 Mohammad Amin and Ors v. Vakil Ahmed and Ors[23]

Facts: The only issue before the Hon’ble Supreme Court was whether mesne profits can be granted when the plaintiff had not specifically prayed for an inquiry relating to mesne profits in terms of Order XX Rule 12, Code of Civil Procedure, 1908. The learned Solicitor General appearing on behalf of plaintiffs contended that there was no demand for mesne profits as such but the claim for mesne profits would be included within the expression “awarding possession and occupation of the property aforesaid together with all the rights appertaining thereto.”

 

Issue: Whether mesne profits can be granted when the plaintiff had not specifically prayed for an inquiry relating to mesne profits in terms of Order XX Rule 12, Code of Civil Procedure, 1908.

 

Judgment: Hon’ble Supreme Court held that, “The claim for mesne profits cannot be included within the expression referred by learned counsel on behalf of plaintiff and the High Court was in error in awarding to the plaintiff’s mesne profits though they had not been claimed in the plaint. The provision in regard to the mesne profits will therefore have to be deleted from the decree.

 

3.2.2 K. Hatiza Begum and Ors v. K. M. Usman Pasha and Ors[24]

 

Facts: The plaintiff-respondents filed a suit for partition and allotment of separate half share in the property. The suit was decreed. The plaintiff-respondents put the decree in execution. The decree-holders filed an application before the executing court under Order 20, Rule 12, Code of Civil Procedure for enquiry into the future mesne profits. The appellants, who are the judgment-debtors, objected this. The application of the decree-holder was allowed by overruling the objection raised by the appellants herein. The judgment-debtor-appellants thereafter filed a revision before the High Court, which was also dismissed. It is against the said judgment of the High Court; the appellants have preferred this appeal.

 

Issue: Whether executing court can direct inquiry into the future mesne profits under Order 20, Rule 12 of Code of Civil Procedure?

 

Judgment: Hon’ble Supreme Court observed that, “Perusal of record shows that the decree-holder in their plaint did not pray for the grant of any future mesne profits. It is also manifest from the decree passed by the trial court that the court did not grant either past or future mesne profits to the decree-holder. Further, the decree-holder did not move any application either for amendment of the plaint by incorporating prayer for grant of future mesne profits or amendment of the decree for grant of future mesne profits. Moreover, it is true that in the absence of any prayer in the plaint, it is open to the court to grant past mesne profits. So far the future mesne profits is concerned, the court has a discretionary power to pass a decree directing the enquiry into the future mesne profits and the court may grant such mesne profits, although it is not specifically asked for in the plaint. In the present case, the court has not exercised its discretion to grant future mesne profits. In the absence of such an order or direction, it was not open to the executing court to direct the enquiry for ascertaining the future mesne profits under Order 20, Rule 12, Code of Civil Procedure.

 

3.2.3 Ganapati Madhav Sawant (dead) through his Lrs. v. Dattur Madhav Sawant [25]

 

In this case Hon’ble Supreme Court had laid down that when the plaintiff had not prayed for an inquiry relating to mesne profits in terms of Order 20 Rule 12, Code of civil procedure, 1908, then in the absence of such prayer same could not be granted.

 

 

CHAPTER – 4

Conclusion

 

Legal rights and remedies for the breach of legal rights are two sides of the same coin. Stated simply legal rights and remedies for the breach of these rights have always coexisted. It is provided in the famous maxim ubi jus ibi remedium, which literally means where there is right there is remedy. Accordingly unlawful interference with the immovable property of another person amounts to breach of a legal right; and there is remedy in the form of mesne profits for wrongful interference with the property.

 

Section 2(12) of the Code of Civil Procedure provides for mesne profits. According to Section 2(12) the term mesne profits relates to the ‘the damages or compensation recoverable from a person who has been in wrongful possession of immovable property. The term mesne profits, under Section 2(12) of Code of Civil Procedure, also include within its ambit interest on such profits, but it does not include profits made due to improvement in the immovable property. Plethora of judgment signifies that the wrongful possession of the defendant is the very essence of the claim of mesne profits. And the moment the plaintiff is successful in establishing the wrongful possession of the other person he is entitled to claim mesne profits. Therefore our first assumption that the wrongful possession of the defendant forms the basis of the claim of mesne profits stands true.

 

Mesne profits being in the nature of compensation, the enactment rightly does not lay down any uniform standard for the assessment of mesne profits. Section 2(12) merely lays a broad principle for the assessment of mesne profits [i.e. Mesne profits = Profits made from the unlawful possession of the property + Interest on such profits – Profits made due to improvement in the property]. And the assessment of the quantum of mesne profits is rightly left at the discretionary power of the court depending on the facts and circumstances of each case. The courts are required to into consideration various factor while determining the quantum of mesne profits and thereby use their power judiciously. Therefore our second hypothesis that the there is a uniform criterion for the assessment of mesne profits is inaccurate.

 

Lastly, from the analysis of numerous judgment of Hon’ble Supreme Court we can conclude that the third hypothesis that mesne profits can be granted even if they are not specifically claimed in the plaint under Order 20 Rule 12 of Code of Civil procedure does not stands true. Though, there has been difference of opinion with regard to this issue but in the most recent judgment on this issue Hon’ble Supreme Court had held that in mesne profits cannot be awarded in such cases.

 

 

 

 

 

 

 

 

 

 

 

Suggestions

• The definition of the term ‘mesne profits’ under section 2(12) should be defined more accurately. The term mesne profit is defined as those profits which the person in wrongful possession of the actually received or might with the ordinary diligence have received therefrom. This definition merely provides that profits earned by unlawful possession means mesne profits but it fails to provide the circumstances under which it can be granted. Therefore it is required to redefine mesne profits.

• Secondly, the maximum rate of interest & minimum rate of interest to be allowed on such profits should be fixed in the enactment. Generally it is allowed at the rate of 6% per annum, but it should be explicitly provided in the enactment.

• It is true that mesne profits being in the nature of compensation, uniform criteria for the assessment of mesne profits cannot be laid down. And the assessment of mesne profit should be left at the discretion of the court. But the factors on the basis of which the assessment can be made must be laid down in the code.

Bibliography

Books

• Takwani C K (2008). “Civil Procedure”, Luckhnow: Eastern Book Company
• Rao Kameshwara (2005). “Law of Damages and compensation”, Allahabad: Law Publishers (India) Pvt. Ltd.
• Majmudar P K (2006). “Commentary on The Code of Civil Procedure”, Volume I, New Delhi: Orient Publishing Co.
• MLJ (2008). “Code of Civil Procedure”, Volume I, Delhi: Delhi Law House.
• Basu (2007). Code of Civil Procedure, Volume I, New Delhi: Ashok Law House.
• Rao V J (2008). The Code of Civil Procedure, 1908, Volume I, Hyderabad: ALT Publication.
• Sir Woodroffe John & Ameer Ali (2008). Commentary on Code of Civil Procedure,1908, Volume  I, Delhi: Delhi Law House.
• Mahajan V D (2006) Jurisprudence & Legal theory, Luckhnow: Eastern Book Company.
• Aggarawal Nomita (2008). Jurisprudence & Legal Theory, Allahabad: Central Law Publication.
• Fitzgerald P J (2006). Salmon on Jurisprudence, New Delhi: Universal Law Publishing Company Private Ltd.
• Aiyer Ramanatha (2002). The Law Lexicon, New Delhi: Wadhwa & Company Nagpur (India) Pvt. Ltd.
• Dhyani S N (2006). Jurisprudence and Indian Legal theory, Allahabad: Central Law Agency
• Dr. Paranjape N V (2008). Studies in Jurisprudence and Indian Legal theory, Allahabad: Central Law Agency

 

Journals

• Indian Law Journal
• All India Reporter
• Indian Bar Review
• Supreme Court Cases
• Supreme Court Journal
• Journal of Indian Law Institute
• Gujarat law herald
• Gujarat Law reporter

 

Web References

• Www.manupatra.co.in
• Www.judis.nic.in,
• Www.indlaw.com,
• Www.practicallawyer.com,
• Www.vlexindia.com,
• Www.legalserviceindia.com,
• Www.jurisonline.com,
• Www.lexisnexis.com,
• Www.lawguru.com,
• Www.wikipedia.com,
• Www.google.com,
• Www.lawyercollective.com,
• Www.practicallawyer.com,

Case Laws

1. Purificacao Fernandes v. Hugo Vincente de Perpetuo Socorro Andhrade, AIR 1985 Bom. 202
2. K. B. Singh v. M. D. U. Co-Operative Association Ltd., AIR 1957 Manipur 9
3. Phiraya Lal alias Piara lal v. Jia Rani, AIR 1973 Del 186
4. Nataraja Achari v. Balambal Ammal, AIR1980Mad222
5. Lalta Prasad v. Sri Ganeshji, AIR 1922 All 117
6. N. Dasjee v. Tirupathi Devasthanam, AIR 1965 SC 1213
7. Tarquino Raul Henriques v. Damodar Mangalji and Co. Pvt. Ltd., AIR 1989 Bom 309
8. The Hindustan Petroleum Corporation Ltd., Chairman and Managing Director v. Khwaja Asadullah Baig and Ors, 1996(2) ALT 198
9. K. C. Alexander v. Nair Service Society Ltd., AIR 1966 Ker 286
10. Kesardeo Baijnath Vs. Nathmal Kisanalal, AIR 1966 Bom 266
11. Dr. J K Bhakthavasala Rao v. Industrial Engineers, Nellore, AIR 2005 AP 438
12. Ramakka v. Nagesam, AIR1925Mad145c
13. Chhaganmull Agarwalla v. Amanathulla Mohammad Prodhan, AIR 1924 Cal. 1010
14. Fateh Chand v. Balkishan Das, AIR 1963 SC 1405
15. Bhagwati Prasad v. Shri Chandramaul, AIR 1966 SC 735
16. Union of India (UOI) and Ors v. Banwari Lal and Sons (P) Ltd, AIR 2004 SC 1983
17. Mohammad Amin and Ors v. Vakil Ahmed and Ors, 1952(1)SCR1133
18. K. Hatiza Begum and Ors v. K. M. Usman Pasha and Ors, JT 2002(2) SC 482

 

[1] Purificacao Fernandes v. Hugo Vincente de Perpetuo Socorro Andhrade, AIR 1985 Bom. 202, 209

[2] Mahajan V D (2006) Jurisprudence & Legal theory, Luckhnow: Eastern Book Company.

[3] Supra note 2

[4] Fitzgerald P J (2006). Salmon on Jurisprudence, New Delhi: Universal Law Publishing Company Private Ltd.

[5] Aggarawal Nomita (2008). Jurisprudence & Legal Theory, Allahabad: Central Law Publication.

[6] Rao Kameshwara (2005). Law of Damages and compensation, Allahabad: Law Publishers (India) Pvt. Ltd.

[7] K. B. Singh v. M. D. U. Co-Operative Association Ltd. AIR 1957 Manipur 9

[8] Aiyer Ramanatha (2002). The Law Lexicon, New Delhi: Wadhwa & Company Nagpur (India) Pvt. Ltd.

[9] Phiraya Lal alias Piara lal v. Jia Rani, AIR 1973 Del 186

[10] Nataraja Achari v. Balambal Ammal, AIR1980Mad222

[11] Lalta Prasad v. Sri Ganeshji, AIR 1922 All 117

[12] N. Dasjee v. Tirupathi Devasthanam, AIR 1965 SC 1213

[13] Tarquino Raul Henriques v. Damodar Mangalji and Co. Pvt. Ltd., AIR 1989 Bom 309

[14] The Hindustan Petroleum Corporation Ltd., Chairman and Managing Director v. Khwaja Asadullah Baig and Ors, 1996(2) ALT 198

[15] K. C. Alexander v. Nair Service Society Ltd., AIR 1966 Ker 286

[16] Kesardeo Baijnath Vs. Nathmal Kisanalal, AIR 1966 Bom 266

[17] Dr. J K Bhakthavasala Rao v. Industrial Engineers, Nellore, AIR 2005 AP 438

[18] Ramakka v. Nagesam, AIR1925Mad145c

[19] Chhaganmull Agarwalla v. Amanathulla Mohammad Prodhan, AIR 1924 Cal. 1010

[20] Fateh Chand v. Balkishan Das, AIR 1963 SC 1405

[21] Bhagwati Prasad v. Shri Chandramaul, AIR 1966 SC 735

 

[22] Union of India (UOI) and Ors v. Banwari Lal and Sons (P) Ltd, AIR 2004 SC 1983

[23] Mohammad Amin and Ors v. Vakil Ahmed and Ors, 1952(1)SCR1133

[24] K. Hatiza Begum and Ors v. K. M. Usman Pasha and Ors, JT 2002(2) SC 482

[25]Ganapati Madhav Sawant (dead) through his Lrs. v. Dattur Madhav Sawant, (2008)3 SCC 183

 

About the Author

Nikunj Kanara and Palak Jagtiani

3rd year Students, Institute of Law Nirma University (ILNU)