The determination of degree of care in Tort case
Degree of care is not a phrase with static connotation. Its meaning would depend on given fact situation- the person who owes a duty to take care, the person whose…
The doctrine of res ipsa loquitur- the thing speaks for itself
The doctrine of res ipsa loquitur, means the thing speaks for itself. Under the doctrine of res ipsa loquitur a plaintiff establishes a prima facie case of negligence where, (I)…
The calculation of compensation in Tort Case
Personal injury may cause non-pecuniary as well as pecuniary loss to the plaintiff. Non-pecuniary loss includes damages on the heads of, (i) pain and suffering; (ii) loss of amenities and…
Klaus Mittelbachert v. East India Hotels Ltd. (1997)- The case of Negligence
Facts of the case Klaus Mittelbachert, a German national born, was a co-pilot in Lufthansa. He landed at Delhi and was scheduled to continue the flight to Frankfurt. For the…
FIR book and General Diary- Meaning, History and Differences
The First Information Report is in fact the information that is received first in point of time, which is either given in writing or is reduced to writing. It is…
Effect of Registration and non-registration of FIR
The FIR is a pertinent document in the criminal law procedure of our country and its main object from the point of view of the informant is to set the…
Significance and Compelling reasons for registration of FIR at the earliest
The object sought to be achieved by registering the earliest information as FIR is inter alia twofold: One, that the criminal process is set into motion and is well documented…
Lalita kumari v. Govt. of UP, (2013)- Supreme Court Directions on FIR
Lalita kumari case is an important case in criminal law. The case arose after the writ petition under 32 for habeas corpus was filed before the supreme court, to produce…
Gita Hariharan v. Reserve Bank of India, (1999)- Complete Analysis
The case of ‘Gita Hariharan v. Reserve Bank of India, (1999)’, is a landmark case. It is an important case not only as regard to interpretation rule but also to…
Medical Negligence- Breach of duty in Medical Profession
Negligence as a tort is the breach of a duty caused by omission to do something which a reasonable man would do or doing something which a prudent and reasonable…