Showing : 251-260 of 941 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), 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-- 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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Nature of - Held, prosecution has to establish that negligence with which accused is charged is `gross' in nature - What is `gross' would depend upon fact situation in each case and cannot, therefore, be defined with certitude...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Doctrine of causacausans - Held, for an offence u/s.304-A to be proved it is not only necessary to establish that accused was either rash or grossly negligent but also that such rashness or gross negligence was causacausans that resulted in death of victim - Causacausans..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Uphar Cinema - Proof - Ansal brothers were in full control over affairs of company which owned cinema, as well as cinema itself, at all material times, including date of incident - Held, Ansal brothers were both occupiers of cinema complex as on date of incident in which..........
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...........

Showing : 251-260 of 941 Results