Showing : 221-230 of 909 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304(Part I), 96-- Right of private defence - Appellant fired gun shot but not with intention of causing death of deceased - Held, High Court rightly came to conclusion that appellant exceeded right of private defence and rightly convicted him u/s 304(Part I) IPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304(Part I), 96-- Right of private defence - Appellant fired gun shot but not with intention of causing death of deceased - Held, High Court rightly came to conclusion that appellant exceeded right of private defence and rightly convicted him u/s 304(Part I) IPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304(Part I), 302-- Love affair between daughter of appellant No.1 and deceased - On night of occurrence deceased went to house of appellant No.1 to meet his beloved - Appellants along with other accused persons gave beatings to deceased with iron rod and lathi and dragged him through wooden staircase which resulted..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Award of damages against owner of cinema hall - Held, it cannot be made basis to hold occupier guilty of gross negligence u/s 304-A IPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A, 79-- Criminal negligence - Protection of S.79 - Held, not available to a person who has not acted with due care and caution - Essence of S.79 is a belief entertained in good faith about legitimacy of what is being done by person concerned - In present case, Ansal brothers/appellants acted in a rash and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A, 79-- Criminal negligence - Protection of S.79 - Mistake of fact - Appellants-occupiers of cinema have not been in a position to identify the facts qua which they were under mistake - Nor is it clear as to how any such mistake of fact would have justified their act in law - Held, appellant-occupiers not..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Gross negligence in grant of fire NOC - Officer concerned had to be satisfied as regards safety of premises - He cannot take shelter behind printed proforma for inspection - Concurrent finding of guilt recorded by Courts below - Held, no reason to interfere...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 464-- Non-framing of charge - Remand of case - Permissibility - Contention of respondents that charges ought to have been framed against appellants u/s 304(Part II) IPC - Held, no, framing or wrong framing of charge does not vitiate proceeding unless there is failure of justice - Failure of justice has..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- `Rash' and `negligent' - Difference between - Rashness means where the actor foresees possible consequences, but foolishly thinks they will not occur as a result of his act - Negligence has been understood to be an omission to do something which a reasonable man guided upon those considerations..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Held, essence of negligence whether arising from an act of commission or omission lies in neglect of care towards a person to whom defendant or accused as the case may be owes a duty of care to prevent damage or injury to property or person of victim - Existence of a duty to care is..........

Showing : 221-230 of 909 Results