dear in his career. Even in civil jurisdiction, the rule of res
ipsa loquitur is not of universal application and has to be applied with ... cannot be held
liable per se by applying the doctrine of res ipsa loquitur.
Res ipsa loquitur is a rule of evidence which in reality
SC1769 (5)
RF 1991 SC1853 (6)
ACT:
Evidence Act -Res ipsa loquitur-If applicable in
criminal trials-Appellant driving a bus on a narrow road ... res
must not only be speak negligence, but pin it on the
defendant."
It is now to be seen, how does res ipsa loquitur
subjected to trial. The Magistrate applied the principle of res ipsa loquitur the facts speak for themselves' to infer culpable negligence against the driver ... 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
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 ... petitioners request the court to apply the doctrine of res ipsa loquitur in the present petition. However, learned Counsel for the respondents submit that res
view that this case is squarely covered by the
principle of res ipsa loquitur. The Claims Tribunal gravely erred
in not applying the principle ... res ipsa loquitur.
8. In Shyam Sunder v. State of Rajasthan , (1974) 1 SCC 690,
the Supreme Court discussed the doctrine of res ipsa loquitur
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
with the question whether the claimants could rely on the doctrine res ipsa loquitur, the Tribunal observed following the dictum of Lord Simon in Woods ... Duncan, (1946) 1 All ER 420, that res ipsa loquitur only shifts the onus of proof which is adequately met by showing that the defendant
natal asphyxia occurred. The birth record voluminously speaks about the asphyxia.
Res ipsa loquitur :
The principle of res ipso loquitur has been discussed elaborately ... held that in cases of gross medical negligence the principle of res ipsa loquitur can be applied. In paragraph 10, this Court gave certain illustrations
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
