Showing : 101-110 of 350 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Element of gross negligence is sine qua non to prosecute the Medical Practitioner, for the offence u/s 304-A IPC - In absence of an element of gross negligence or rashness in the procedure which gives rise to a wrong decision to conduct surgery or to adopt a method in..........
KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Where alternative methods or course of treatments are available a Medical Practitioner cannot be fastened with negligence punishable under criminal law on the reason that a better alternative method was also available and that method would have been adopted...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and Negligent driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A-- Death due to electric shock - Deceased a maid died due to electric shock in the washing machine while working in the house of accused - Electric Inspector report that there was no defect in the working of washing machine - No offence u/s 304-A IPC is made out against accused - Accused liable to..........
KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 146, 177-- Rash and negligent driving - Death of pedestrian - Liability of motor cyclist - If pedestrian suddenly crosses road without taking note of vehicles plying through road, rider of motor cycle may not be in position to avoid accident - In such situation, it will not be possible to say that rider was..........
KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Speed alone is not a criteria for deciding rashness and negligence of rider - Relationship between speed and rashness or negligence depend upon place and straight jacket formula is not possible to apply in all cases...........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Merely because an accident happened and a person died, there cannot be any presumption under the law that vehicle was driven by driver in a rash and negligent manner which resulted in death - Unless and until prosecution proves by unimpeachable evidence that it was on..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Death of a boy aged 8 years - Nothing on record to prove that accident was a result of rash and negligent act on the part of accused - All PWs stated that vehicle was being driven slowly - Moreover, as to how accident happened, has not been proved by prosecution, much..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Merely because an accident happened and a person died, there cannot be any presumption under the law that vehicle was driven by driver in a rash and negligent manner which resulted in death, unless and until prosecution proves by unimpeachable evidence that it was on..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Death of a boy aged 8 years - Nothing on record to prove that accident was a result of rash and negligent act on the part of accused - All PWs stated that vehicle was being driven slowly - Moreover, as to how accident happened, has not been proved by prosecution, much..........

Showing : 101-110 of 350 Results