Res Ipsa - Judgment Search Results

The Chief Secretary, Rep. by the Dy. Commissioner, Government of Karna ...

Court: Karnataka

Reported in: 2006ACJ1313; AIR2005Kant39; ILR2004KAR4887

there would be no possibility of bullet hitting the plaintiff who was inside the house. The doctrine of res ipsa loquitur applies to the fact of the case to suggest the negligent conduct of the PSI. The defendants … of Rs. 20,000/- with interest at 6% from the date of suit till payment with costs. DOCTRINE OF RES IPSA LOQUITUR - APPLICABILITY OF - NEGLIGENT CONDUCT OF THE PSI IN FIRING - Whether the plea of 'Act

U.P. Rajya Vidyut Parishad and Others Vs. Chandra Pal and Others

Court: Allahabad

Reported in: 2000(4)AWC2844; (2000)3UPLBEC2320

the lower appellate court committed any error of law in decreeing the suit by applying the principle of res ipsa loquitur.2. Shri S. P. Mehrotra the learned counsel for the appellant assailed the approach of the appellate court … learned counsel for the appellant assailed the approach of the appellate court and urged that the principle of res ipsa loquitur was erroneously applied without setting aside the finding recorded by the trial court that the deceased was

New India Assurance Co. Ltd. Vs. Krishna Devi and ors.

Court: Patna

accident occurred due to rash and negligent driving of the driver of the bus. Following the principle of res ipsa loquitur it appears that the accident must have been caused due to the negligence of the driver as … allowed and the award is modified to the extent as indicated above. Appeal partly allowed. (A) Torts - Res-Ipsa Loquitor--Principle of--Applicability--Facts showing that driver of bus was negligent while crossing the bridge, which resulted in falling down

Shyam Sunder and ors. Vs. the State of Rajasthan

Court: Rajasthan

Reported in: 1974WLN527

plaintiff had not proved by evidence that the driver was negligent, that the mere fact that the maxim res ipsa loquitur had no application. The Court said that the truck travelled stately from Bhilwara to Pratapgarh and that … is evidence of negligence on the part of the driver in the course of his employment. The maxim res ipsa loquitur is retorted to when an accident is shown to have occurred and the cause of the accident'

Baijnath Jha Vs. Sita Ram and anr.

Court: Supreme Court of India

Reported in: AIR2008SC2778; 2008(56)BLJR2045; 2008(9)SCALE350; (2008)8SCC77; 2008(2)LC763(SC); 2008AIRSCW4614; (2008)3SCC(Cri)428

administration of justice on the principle 'quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsae esse non potest' (when the law gives a person anything it gives him that without which it cannot … by the appellant in a nutshell are as follows:A raid was conducted on 4.1.1994 in the premises of respondent No. 1 by four officers of the Bihar State Electricity Board. The appellant in each of the Criminal

The Managing Director, Northeast K.R.T.C. Vs. Devidas Manikrao Sadanan ...

Court: Supreme Court of India

Reported in: AIR2006SC3273; 2006(4)AWC4005(SC); [2006(111)FLR364]; 2006(6)KarLJ602; (2006)IIILLJ788SC; 2006(9)SCALE352; (2006)8SCC52; 2007(2)SLJ49(SC)

the facts and circumstances of the case the Labour Court misdirected itself in not invoking the doctrine of res ipsa loquitur, namely, the facts speak for themselves.The Corporation is an Undertaking' which is catering to the requirements of … above, by the impugned judgment the Division Bench held that in the absence of evidence the doctrine of res ipsa loquitur was not applicable to the facts of the present case. Accordingly, by the impugned judgment the writ

B. Nagabhushanam Vs. State of Karnataka

Court: Supreme Court of India

Reported in: 2008ACJ2126; (2008)4CALLT64(SC); JT2008(6)SC568; 2008(5)KarLJ157; RLW2008(3)SC2281; 2008(7)SCALE716; (2008)5SCC730; 2008AIRSCW3573; AIR2008SC2557; (2008)3SCC(Cri)61; 2008ACJ2126; 2008(3)AICLR331; 2008(4)Supreme314; 2008(4)LH(SC)2487; 2008(4)KCCR1750; 2008(4)AIRKarR110.

does not arise as the speed of the bus was about 20 kilometers per hour. The doctrine of res ipsa loquitur, the learned Counsel urges whereupon reliance has been placed by the courts below, cannot have any application … State of Karnataka reported in : 1979CriLJ1374 is not apposite. It proceeded on the basis that doctrine of res ipsa loquitur stricto sensu would not apply to a criminal case as its applicability in an action for injury

S. Sethuraman Vs. R. Venkataraman and ors.

Court: Supreme Court of India

Reported in: AIR2007SC2499; JT2007(7)SC82; (2007)5MLJ449(SC); 2007(7)SCALE301; (2007)6SCC382; 2007AIRSCW4445

in law committed by the Industrial Tribunal was apparent insofar as it did not apply the principle of res ipsa loquitur which was relevant for the purpose of this case and thus, failed to take into consideration a … in law committed by the Industrial Tribunal was apparent insofar as it did not apply the principle of res ipsa loquitur which was relevant for the purpose of this case and thus, failed to take into consideration a

Priya Vrat Singh and ors. Vs. Shyam Ji Sahai

Court: Supreme Court of India

Reported in: 2008CriLJ4367; II(2008)DMC735SC; JT2008(9)SC151; 2008(11)SCALE20; (2008)8SCC232; 2008AIRSCW5712; (2008)3SCC(Cri)463

of administration of justice on the principle quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsa esse non potest (when the law gives a person anything it gives him that without which it cannot

S.N. Chandrashekar and anr. Vs. State of Karnataka and ors.

Court: Supreme Court of India

Reported in: AIR2006SC1204; JT2006(2)SC202; 2006(2)KarLJ305; 2006(2)SCALE248; (2006)3SCC208

in law committed by the Industrial Tribunal was apparent insofar as it did not apply the principle of res ipsa loquitur which was relevant for the purpose of this case and, thus, failed to take into consideration a … in law committed by the Industrial Tribunal was apparent insofar as it did not apply the principle of res ipsa loquitur which was relevant for the purpose of this case and, thus, failed to take into consideration a