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Report No. 196

(C) US State Court judgments:

There are a very large number of Judgments of the US Courts and statutes of the various States but we do not propose to refer to them. We have already referred to the leading judgments of the US Supreme Court. Further, we are of the view that the 'substituted judgment' (of surrogate) principles which are evolved in US are not suitable for India and, in fact, the House of Lords in NHS Trust vs. Bland did not think it fit to introduce those principles into English law. For the same reason, we do not propose to refer to the case law on 'substituted judgments' of the US State Courts.

We shall next move on to consider the position in Canada, Australia, New Zealand.

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