this situation, the doctrine res ipsa loquitur will come into play.
12. Under the doctrine of res ipsa loquitur only question relevant to be determined ... OnLine SC 443, while dealing with the doctrine of res ipsa loquitor, taking notes of its earlier judgments, held in paragraphs
Sanjay Gupta vs State Of Uttar Pradesh Through Its Chief ... on 12 April, 2022
Author
State of
Karnataka3, to contend that even if the principle of res-ipsa-
loquitor is to be made applicable, the primary requirement of
law that ... within the control
of the accused, then only the principle of res-ipsa-loquitor
could be made applicable and not otherwise. In the present
case
died and others
suffered injuries. He further submitted that the Maxim res ipsa loquitor
does not come into play in the case on hand, since ... negligent act of the petitioner. Therefore, the Maxim res
ipsa loquitor comes into play to presume that only an act of negligence
the accident
Appellate
Court took note of the principle of res-ipsa-loquitor and applied
the same and also observed that though there is no eye-witness ... witness and
wrongly convicted the petitioner applying the principle of res-
ipsa-loquitor. There is no material before the Court that accident
was on account
dear in his career. Even in civil jurisdiction, the rule of res ipsa loquitor is not an universal application and has to be applied with ... cannot be held liable per-se by applying the doctrine of res ipsa loquitor. Yet, another golden principle of law has been laid down
expound the position of law as infra:
"... the doctrine of res ipsa loquitor stricto senso would not apply to a criminal case for
bringing ... drawn against
the Accused by invoking the doctrine of res ipsa loquitor unless the prosecution has firmly
established all the circumstances leading
without
care and circumspection.
6(ii). Applicability of the principles of res ipsa loquitor:
It would be pertinent to deal with the applicability ... principles of res ipsa loquitor. The law in this regard, has been
extensively dealt by the Hon'ble apex court in the case
fact that vehicle had
found on the spot is "res ipsa loquitor" which proves that accused was
driving the vehicle in rash ... Andhra Pradesh , AIR 2000 SC 2411 has
discussed the rule of res ipsa loquitor and rash or negligent act. It has held as
under
would ordinarily not meet with an accident and, therefore, rule of res-ipsa loquitor as a rule of evidence may be invoked in motor accident
