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Achutrao Haribhau Khodwa vs State Of Maharashtra And Ors on 20 February, 1996 cites

The State Of Rajasthan vs Mst. Vidhyawati And Another on 2 February, 1962

In State of Rajasthan Vs. Mst. Vidhyawati and Anr. (AIR 1962 SC 933) the question arose with regard to the various liability of the State of Rajasthan. In that case a vehicle owned by the State of Rajasthan, which was being driven by its driver, met with an accident which resulted in the death of one person. The death was caused due to the negligence of the driver. The two contentions of the State of Rajasthan were that under Article 300 of the Constitution, the State would not be liable, as the corresponding Indian State would not have been liable if the case had arisen before the Constitution came into force. Secondly, it was contended that the jeep which was driven rashly and negligently was being maintained by the State in exercise of its sovereign powers and was not a part of any commercial activity of the State. Rejecting the said contention this Court held that "the State should be as much liable for tort in respect of a tortious act committed by its servant within the scope of his employment and functioning as such, as any other employer.
Supreme Court of India Cites 11 - Cited by 105 - B P Sinha - Full Document

N.Nagendra Rao & Co vs State Of A.P on 6 September, 1994

In Nagendra Rao's case some goods had been conficated pursuant to an order passed under Section 6 A of the Essential Commodities Act, 1955. The said order was annulled but due to the negligence of the officers concerned goods were not found to be of the same quality and quantity which were there at the time of its confiscation. The owners of the goods refused to take delivery and filed a suit claiming value of the goods by way of compensation. The High Court of Andhra Pradesh held that the State was not variously liable for negligence of its officers in charge of their statutory duties. Negativing this, this Court while allowing the appeal observed at page 235 as follows:
Supreme Court of India Cites 32 - Cited by 226 - R M Sahai - Full Document

Laxman Balkrishna Joshi vs Trimbak Bapu Godbole And Anr on 2 May, 1968

In cases where the doctors act carelessly and in a manner which is not expected of a medical practitioner, then in such a case an action in torts would be maintainable. As held in Laxman's case (supra) by this Court a medical practitioner has various duties towards his patient and he must act with a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. This is the least which a patient expects from a doctor.
Supreme Court of India Cites 2 - Cited by 336 - J M Shelat - Full Document

A.S. Mittal & Ors vs State Of U.P. & Ors on 12 May, 1989

"The duties which a doctor owes to his patient are clear. A person who holds himself out ready to give medical advice and treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Such a person when consulted by a patient owes him certain duties, viz., a duty of care in deciding whether to undertake the case, a duty of care in deciding whether treatment to give or a duty of care in the administration of that treatment. A breach of any of those duties gives a right of action for negligence to the patient. The practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires. The above principle was again applied by this court in the case of A.S. Mittal and Ors. vs. State of U.P. and Ors. (AIR 1989 SC 1570). In that case irreparable damage had been done to the eyes of some of the patients who were operated upon at an eye camp. Though this Court refrained from deciding, in that particular case, whether the doctors were negligent, it observed "A mistake by a medical practitioner which no reasonably competent and a careful practitioner would have committed is a negligent one." The Court also took note that the law recognizes the dangers which are inherent in surgical operations and that mistakes will occur, on occasions, despite the exercise of reasonable skill and care. The Court further quoted Street on Torts (1983) (7th Edn.) wherein it was stated that the doctrine of res ipso loquitur was attracted: "....Where an unexplained accident occurs from a thing under the control of the defendant, and medical or other expert evidence shows that such accidents would not happen if proper care were used, there is at least evidence of negligence for a jury."
Supreme Court of India Cites 3 - Cited by 42 - M Rangnath - Full Document
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