Showing : 271-280 of 967 Results

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...........
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 300, 304(Part I)- - Culpable homicide not amounting to murder - Sudden fight - Accused got annoyed as deceased put fence over land and entered land with intention to remove fence - Initial verbal altercation between accused and deceased turned into physical fight - Accused in heat of passion inflicted 9 injuries on..........

Showing : 271-280 of 967 Results