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1 - 4 of 4 (0.16 seconds)Shyam Sunder And Othes vs The State Of Rajasthan on 12 March, 1974
In Shyam Sunder v. State of Rajasthan (1974) 1 SCC 690, this Court observed that the maxim res ipsa loquitor is resorted to when an accident is shown to have occurred and the cause of the accident is primarily within the knowledge of the defendant. The mere fact that the cause of the accident is unknown does not prevent the plaintiff from recovering the damages, if proper inference to be drawn from the circumstances which are known is that it was caused by the negligence of the defendant. It was observed as thus:
Pushpabai Purshottam Udeshi & Ors vs Ranjit Ginning & Pressing Co. (P) Ltd. & ... on 25 March, 1977
54. Further, this Court in Pushpabai Purshottam Udeshi v. Ranjit Ginning & Pressing Co. Pvt. Ltd. (1977) 2 SCC 745 held that where the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant, such hardship is sought to be avoided by applying the principle of res ipsa loquitor. It was observed thus:
Consumer Protection Act, 2019
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