Municipal Corporation of Delhi v Subhagwanti (1966)

Law of Torts · Res Ipsa Loquitur

Facts.

A clock tower about eighty years old, standing in a busy area of Chandni Chowk and in the exclusive control of the Municipal Corporation of Delhi, collapsed and killed a number of people. Expert evidence showed the mortar had deteriorated and that the normal life of such a structure was around forty-five years.

Issue.

Must the plaintiffs prove the specific act of negligence that caused the collapse?

Held.

No. The Supreme Court applied res ipsa loquitur: the structure was in the Corporation’s exclusive control, such towers do not collapse if properly maintained, and the Corporation offered no explanation. The burden shifted, and it was not discharged.

Why it matters.

It is the leading Indian authority on res ipsa loquitur and the answer to the collapsing-structure problems.

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