discarded in its entirety, then
also on the principle of res ipsa loquitur, the circumstance
and nature of the accident itself, was sufficient to hold ... res
must not only be speak negligence, but pin it on the
defendant."
It is now to be seen, how does res ipsa loquitur
maxim res ipsa liquitur could have no manner of application.
12. It is thus clear that the principle of res ipsa loquitur has limited application ... ipsa loquitur to base the conviction, as laid down in the two aforementioned judgments of the Apex Court The rule of res ipsa loquitur
under Article 226 of the Constitution?
2. Whether the doctrine of res ipsa loquitur is applicable in the present case?
3. Whether any contributory negligence ... doctrine of res ipsa loquitur in the present petition. However, learned Counsel for the respondents submit that res ipsa loquitur does not apply
principle of res ipsa loquitur. The Claims Tribunal gravely erred
in not applying the principle of res ipsa loquitur.
8. In Shyam Sunder v. State ... principle of 'res ipsa loquitur'. To sum
up, the effect of the doctrine of 'res ipsa loquitur'
depends on the cogency
said case, it was held that it was a case of res ipsa loquitur, and therefore compensation could be awarded under Article 226. The writ ... preliminary objection as to maintainability of the petitions is rejected. Res Ipsa loquitur and Strict liability.
9. The next question that arises for consideration
claimant can be avoided by the application of the maxim "res ipsa loquitur" which is not a principle of liability but a rule ... falls down an embankment, and this without more is proved, then res ipsa loquitur, there is a presumption that the event is caused by negligence
ipsa loquitur, the Tribunal observed following the dictum of Lord Simon in Woods v. Duncan, (1946) 1 All ER 420, that res ipsa loquitur only ... doctrine of res ipsa loquitur.
7. The appellants rest then case on the doctrine res ipsa loquitur. In Ram Dulare Shukla's case
subsequent para gave many illustrations of res ipsa loquitur.
34. The Also the applicability of Res Ipsa Loquitur to the case of medical negligence ... liable per se by applying the doctrine of res ipsa loquitur."
28. Res ipsa loquitur is a rule of evidence which in reality belongs
this Court.
Held (per Sarkar, J.): (i) That the rule of res ipsa
loquitur was applicable to the facts of this case because
there would ... reasonably inferred from the
circumstances. It is not sufficient to say res ipsa
loquitur because the danger is that facts may not always
tell
held
that, the general purport of the words 'res ipsa loquitur' is that the
accident 'speaks for itself' or tells ... applying the
principle of 'res ipsa loquitur'. The general purport of the words
'res ipsa loquitur' is that the accident
