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may 1964

Supreme Court of India · 1964-05-08

STATE OF PUNJAB vs MODERN CULTIVATORS, LADWA

Citation / case number
SC 1962/78
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
MODERN CULTIVATORS, LADWA
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that the principle of res ipsa loquitur applies in cases of negligence regarding canal management under the Northern India Canal and Drainage Act, 1873, specifically sections 6 and 15. The Court found that the breach in the canal bank was prima facie evidence of negligence, and the defendants' failure to produce relevant documents warranted an adverse inference against them. The High Court's reduction of damages was upheld, affirming the trial court's finding of negligence despite the defendants' claims of heavy rains causing the flooding.

STATE OF PUNJAB vs MODERN CULTIVATORS, LADWA · Niyam