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R.C.LAHOTI
KLAUS MITTELBACHERT – Appellant
Versus
EAST INDIA HOTELS LIMITED – Respondent
( 1 ). KLAUS Mittelbachert, the plaintiff, a German national born on 2nd September, 1942 was a co-pilot in Lufthansa. Little did he know that his flight from Bangkok to New Delhi in the evening of 11th August, 1972 was his last ever flight as a co-pilot. He landed at Delhi and was scheduled to continue the flight to Frankfurt on 14th August, 1972. For the intervening time, designated in the air-line terminology as lay- over-period, he checked into and stayed at the Hotel Oberoi Intercontinental.
( 2 ). HOTEL Oberoi Intercontinental, defendant No. 3 (hereinafter, the said Hotel) is a five star hotel located at Dr. Zakir Hussein Marg, New Delhi. It is owned by the defendant No. 1. The defendant No. 4 was its Chairman and it was allegedly being managed by defendant No. 2 at the material time. The Hotel had a swimming pool equipped with a diving board.
( 3 ). IN the afternoon of August 13, 1972 the plaintiff visited the swimming pool. At about 6. 00 p. m. while diving the plaintiff met with an accident. He had hit his head on the bottom of the swimming pool. He was taken out bleeding from right ear and appearing to have paralysed in the arms and the legs. He was taken
No cases in the provided list are explicitly identified as overruled, reversed, or explicitly treated as bad law. There are no direct references or language indicating that any case has been overruled or invalidated in subsequent decisions. Therefore, based on the information available, there is no clear evidence of any case being treated as bad law.
Followed/Explained:
Rita Kishore & Ors VS Delhi Development Authority - 2011 0 Supreme(Del) 1049: Describes the case facts and outcome but does not mention subsequent treatment.
Radhey Shyam VS Govt. of N. C. T. of Delhi - 2015 0 Supreme(Del) 572, Mohd. Quamuddin VS Union of India - 2015 0 Supreme(Del) 938, Court On Its Own Motion VS Govt. of Nct of Delhi - 2018 0 Supreme(Del) 2338, Promila Rastogi VS Delhi Development Authority Through Its Chairman - 2024 0 Supreme(Del) 913: These references mention the case of Klaus Mittelbachert v. ... East India Hotels Ltd. and explain the principles such as res ipsa loquitur or other legal doctrines, suggesting that these cases are used as authoritative references or explanations.
SANTILATA MUDULI VS ABHAYA KUMAR PARIDA - 2014 0 Supreme(Ori) 848: Discusses legal observations made in the case, indicating that it has been cited for legal principles.
Taj Mahal Hotel VS United India Insurance Company Ltd. - 2020 5 Supreme 475: Relies on Klaus Mittelbachert and discusses hotel pricing, implying the case is used as a reference, not criticized or overruled.
Sarla Dixit VS Balwant Yadav - 1996 3 Supreme 72: Mentions the case in the context of calculating compensation, indicating it is considered relevant and applicable.
Subramanium VS Delhi Metro Rail Corporation - 2013 0 Supreme(Del) 2499: Cites the case in relation to East India Hotels Ltd., suggesting it remains relevant for certain legal discussions.
Distinguished or Cited:
Utair Aviation VS Jagson Airlines Limited - 2012 0 Supreme(Del) 3313, Subramanium VS Delhi Metro Rail Corporation - 2013 0 Supreme(Del) 2499, Court On Its Own Motion VS Govt. of Nct of Delhi - 2018 0 Supreme(Del) 2338, Taj Mahal Hotel VS United India Insurance Company Ltd. - 2020 5 Supreme 475, Sarla Dixit VS Balwant Yadav - 1996 3 Supreme 72: These references indicate that the case has been cited or discussed in subsequent judgments, generally as a legal authority or for principles, implying it has not been overruled or criticized.
Uncertain or Ambiguous:
The references to the case in Utair Aviation VS Jagson Airlines Limited - 2012 0 Supreme(Del) 3313, Subramanium VS Delhi Metro Rail Corporation - 2013 0 Supreme(Del) 2499, and Court On Its Own Motion VS Govt. of Nct of Delhi - 2018 0 Supreme(Del) 2338 do not specify whether the case was followed or distinguished, only that it was cited or relied upon. Without explicit language indicating treatment, these are categorized as neutral references.
Utair Aviation VS Jagson Airlines Limited - 2012 0 Supreme(Del) 3313, Subramanium VS Delhi Metro Rail Corporation - 2013 0 Supreme(Del) 2499, Court On Its Own Motion VS Govt. of Nct of Delhi - 2018 0 Supreme(Del) 2338: These references mention the case but do not clarify whether it was overruled, distinguished, or followed. Their treatment is ambiguous based on the provided information.
Rita Kishore & Ors VS Delhi Development Authority - 2011 0 Supreme(Del) 1049, Radhey Shyam VS Govt. of N. C. T. of Delhi - 2015 0 Supreme(Del) 572, Mohd. Quamuddin VS Union of India - 2015 0 Supreme(Del) 938, Promila Rastogi VS Delhi Development Authority Through Its Chairman - 2024 0 Supreme(Del) 913, SANTILATA MUDULI VS ABHAYA KUMAR PARIDA - 2014 0 Supreme(Ori) 848, Taj Mahal Hotel VS United India Insurance Company Ltd. - 2020 5 Supreme 475, Sarla Dixit VS Balwant Yadav - 1996 3 Supreme 72, Subramanium VS Delhi Metro Rail Corporation - 2013 0 Supreme(Del) 2499: These cases are cited or discussed as authoritative sources or principles, suggesting they are still considered good law, but without explicit treatment indicators.
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