Showing : 161-170 of 366 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Meaning of - (I) It means omission to do something which reasonable and prudent person guided by similar considerations would not do; (II) It is not absolute term but is relative one and rather a comparative term; (III) It is difficult to state with precision any mathematically exact..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 3-- Rash and negligent driving - Conduct of driver - Relevant factor - After accident, bus driver moved the bus away to different point - Held, if accused was innocent then he would have left vehicle at the place of accident to show that he was on his proper side for driving and jeep trying to..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- Road accident cases - Concept of `culpable rashness' and `culpable negligence' - (A) `Culpable rashness' is acting with consciousness that mischievous and illegal consequences may follow but with hope that they will not and often with the belief that actor has taken sufficient precautions to..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 3-- Accident case - Statement of witnesses - Credibility - Witnesses stated that accused was driving vehicle and after parking vehicle at a place away from place of occurrence, run away - No reason to disbelieve statements of these witnesses as fully supported by documentary evidence - Truthfulness of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, 304(Part II)-- Nature of offence - Rash and negligent driving - Intoxication - Accused was in an inebriated state, after consuming excessive alcohol, he was driving the vehicle without licence, in a rash and negligent manner in a high speed which resulted in the death of six persons - Accused had sufficient..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- Death due to medical negligence - Prosecution of Doctor - Held, for prosecuting a doctor for medical negligence there should have been collected materials showing not an ordinary negligence but a gross negligence committed by him - Before prosecuting a doctor for medical negligence before a..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304(Part II), 304A-- Rash and negligent driving - Reduction in sentence - Mitigating circumstance - Accused caused death of 6 persons by rash and negligent driving - Accused convicted and sentenced to undergo R.I. for 2 years - Accused paid a sum of Rs. 65 lakhs to victims or their relatives - There is no mitigating..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A-- Death due to medical negligence - Prosecution of Doctor - Quashing of - Quashing of prosecution sought on the ground that there are two different opinions from two sets of Doctors - Held, High Court u/s.482 Cr.P.C. cannot make a roving enquiry so as to give a finding as to which among two opinions..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, 304(Part II), Motor Vehicles Act, 1988, Section 9-- Rash and negligent driving - Driving licence issued by a foreign country - Is not valid in India, as person who is conversant in driving a motor vehicle in United States and European countries may not be familiar with the road conditions in India...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, 304(Part II)-- Rash and negligent driving - Defence version is that driver was not at fault as it was foggy morning - Said plea is not tenable as if there is presence of fog, it was a duty of accused either to stop the vehicle if the visibility was poor or he should have been more cautious and driven the vehicle..........

Showing : 161-170 of 366 Results